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(영문) 대구지방법원 2017.07.21 2017고단2309
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

From April 2013 to March 2015, the Defendant continued to “C installation” located in B of the Jeonsan-gu, Jeonju-si.

1. On August 2014, the Defendant made a false statement to the victim D, stating that “The Defendant would receive money from the Administration on the face of the prime contractor by first putting materials in the said construction site.”

However, in fact, while the Defendant did not have certain income or particular property at the time, the Defendant did not have any excessive debt, and as a result, he had to use part of the construction cost from the original office for debt repayment and living expenses, so there was no intention or ability to pay the price even if he received the material from the injured party.

Nevertheless, the Defendant: (a) by deceiving the victim as above; and (b) supplied such pipes from September 1, 2014 to March 20, 2015 at the market price of KRW 28,592,196 from March 20, 2015.

2. On September 2014, the Defendant would pay the said victim the immediately wage at the construction site where “the construction work is performed.”

The phrase “the phrase was false.”

However, the defendant did not have the intention or ability to pay wages even if he received the service from the injured person for the reasons such as Paragraph 1.

Nevertheless, the Defendant: (a) by deceiving the victim as above; and (b) from September 23, 2014 to March 20, 2015, the Defendant was supplied the victim with the service amounting to KRW 11,000,000 from around September 23, 2014.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the protocol concerning the interrogation of the accused by the prosecution;

1. Statement made in the police statement protocol with D;

1. Each entry in an investigation report (Attachment photographs submitted by a victim), investigation report ( telephone conversations with a witness E), investigation report (information on a suspect), details of passbook, credit report, and application of the statutes on images;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of a penalty;

1. Reasons for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes [the scope of applicable sentences under law] 1 month to 15 years [the type of punishment].

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