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(영문) 대구지방법원 2015.07.23 2015고단2672
사기
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 10, 2010, the Defendant stated that “A victim C shall remove a house, destroy a base, make a beam, and hold a pipe as a scick,” at the site of a housing construction site located in the Gung-gun of Seongbuk-gun, Seongbuk-gun, Seongbuk-gun, the Defendant, “I will immediately transfer the construction price upon completion of the work.”

However, in fact, the defendant was paid all the construction cost from the building owner, but the construction cost was much more than expected, and all the construction cost received at the time of requesting the victim to do so was used. Therefore, even if the victim was in the work, there was no intention or ability to pay the price.

As above, the Defendant deceivings the victim, and thereby deceiving the victim, the victim from March 10, 201 to the same year.

5. up to September 1, 200, 14,570,000 won was not paid and acquired pecuniary benefits equivalent to the amount of 14,570,000 won was not paid.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement regarding C;

1. The application of Acts and subordinate statutes of each written request, each mid-term work confirmation and use contract;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] In the case of general fraud [10 million won or less] mitigation area (1-1 year or more), [1-1- month] mitigation area, or damage recovery from considerable part of the sentence] [1-4570,000 won of the construction cost for the victim who takes over several construction works in a short situation of financial shortage and takes over several construction works in an unreasonable manner and takes over the victim's work, the defendant's family members are agreed with the victim, the defendant's family members are unable to live, and the defendant's family members are divided into and reflects the motive, process, means and method of the crime of this case, the situation before and after the crime, the defendant's age, character and behavior, career, environment, etc. as shown in the arguments of this case.

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