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(영문) 대구지방법원 2012.11.15 2012고단4819
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On November 25, 2011, the Defendant of criminal records was sentenced to a suspended sentence of two years for the purpose of fraud at the Daegu District Court for a period of eight months, and the said judgment became final and conclusive on March 6, 2012.

2. On November 29, 2011, the Defendant stated that “The Defendant would prejudice the repair of a factory, housing remodeling, and septic tank of a designated E plant, if the Defendant would, in the E office of the victim’s D operation located in Daegu Northern-gu, Daegu-gu, the victim of the crime, the victim of the crime, “The cost of construction is KRW 60 million.”

However, even if the defendant receives the construction cost from the victim, there was a need for expenses to be invested in another construction site and living expenses, and there was no intention or ability to complete the construction by the fixed date because there was no other property.

As above, the Defendant, by deceiving the victim as above, received KRW 10 million from the victim to the Agricultural Cooperative Account under the name of the Defendant on the 30th of the same month, and received KRW 50 million in total from the above date to January 7, 2012, as shown in the list of crimes, from the above date to the date and time eight times as shown in the list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A standard subcontract agreement for construction works;

1. Receipts:

1. The certificate of electronic remittance;

1. A copy of a household check;

1. Notice;

1. A list of transactions of free savings deposits;

1. Notarial deeds;

1. Previous convictions: Application of criminal records and investigation reports (Attachment of cases of the same kind of crime) and statutes;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. In light of the fact that, although the punishment of the latter part of Article 37 and Article 39(1) of the Criminal Act on the treatment of concurrent crimes is larger than 50 million won, the damage recovery has not yet been made, it is inevitable to detain the defendant, along with the sentence of the punishment, in addition to the statutory detention;

I would like to say.

However, in consideration of the fact that the defendant led to a crime and reflected, and that part of the amount acquired by deceit is paid to the construction business operator of this case.

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