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(영문) 의정부지방법원 2016.11.30 2015고단3997
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant suggested to the effect that, around September 2014, at the victim D office located in Speaker-si C, the victim business team E of the business team of the company was “to receive construction costs from the main office of the company that supplied construction materials on credit to the construction site and repay the price by the end of the following month.”

However, the Defendant did not have any particular property or revenue source at the time, and was unable to pay the price to the existing clients of construction materials, and was scheduled to pay the construction cost preferentially to the personnel expenses, etc., so there was no intention or ability to pay the price to the victim as agreed.

As such, the Defendant, as seen above, received building materials equivalent to KRW 5,56,650 in total from the scene of the extension of the F High School Sports Center from the victim from the 17th day of the same month to the 30th day of the same month, from that time, and received from the victim construction materials equivalent to KRW 22,087,890 in total five times from October 31, 2014, as indicated in the annexed crime list.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A complaint;

1. Application of statutes, such as tax invoices;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommending punishment] The reason for sentencing under Article 62-2 of the Social Service Order Act [the scope of recommending punishment] There is no basic area (6 to 100 million won) (6 to 16 months) [the decision of sentencing] [the decision of sentence] the nature of the crime itself is not good, and the defendant has 31 times criminal records, it is inevitable to punish the defendant with imprisonment.

However, the execution is suspended in consideration of the fact that the defendant agreed to pay 7 million won or G Construction directly to the victim the amount of 87 million won or more of the material price, and that the amount acquired by deceit is relatively small in punishment.

. Other.

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