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(영문) 대전지방법원 2020.11.13 2019고단5152
사기
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A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On March 19, 2019, the Defendant entered into a construction contract with the victim on March 19, 2019 on a signboard construction contract with the victim at the same place as the victim around March 29 of the same month, wherein the Defendant entrusted the victim D with the interior works of the building located in the Daejeon Seo-gu B/D C, Daejeon, and entered into a verbal contract with the victim at the end of March, 2019. However, the Defendant had a debt of 38 million won in bad credit standing, and the Defendant had a debt of 38 million won in excess of compensation order for G and H, which is the victim of the case punished for an existing fraud, and the Defendant’s claim for the construction price was virtually impossible to recover at around 2010, and thus, the Defendant did not have any intent or ability to pay the construction price to the victim under a contract with the victim who could not receive the loan even if it was impossible to receive the loan without a financial right.

Around April 2019, the Defendant, by deceiving the victim as above, did not pay a total of KRW 54,200,000,000 for the construction cost, even though the Defendant had the victim complete the Rotterdam Corporation and its signboard construction work.

Summary of Evidence

1. The defendant's statement on the fourth trial date in court;

1. Legal statement of witness D;

1. Investigation report by the police on D's statement (in case of attaching data on credit information inquiry, etc.);

1. Protocol of mediation ( Daejeon High Court 2015Na1254);

1. Application of Acts and subordinate statutes of the Daejeon-gu Office of Complaint, signboard work, and interior work photographs, estimates, taxpayers' certificates, performance notes, credit reports, output of NAB map, and all certificates of registered matters (I of the Daejeon-gu Office);

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting the crime, Article 347 (1) of the Criminal Act selection of the penalty, and reasons

1. The scope of punishment by law: One month to ten years of imprisonment;

2. The types of recommendations according to the sentencing criteria.

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