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(영문) 대구지방법원 2017.11.28 2017고단5259
사기
Text

A defendant shall be punished by imprisonment for not more than ten 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 is the representative director of the B B who carries out a construction project, such as interior construction and remodeling.

On February 2, 2015, the Defendant entered into a subcontract with the Plaintiff for the construction of the Changho, Sun, and the safety fence in Busan, Dongdong-gu D, Busan, with the amount of KRW 195,80,000,000,000 from the Plaintiff and the Plaintiff paid the construction cost of KRW 165,880,000 from the Plaintiff and completed the remainder of the construction, the construction cost that the Plaintiff may receive from the Plaintiff and the Plaintiff would be less than KRW 30,00,000,000,000,000,0000,000,0000,000,000,000,000,000,000,000,000,000,000,000

On March 23, 2015, the Defendant, within the Daegu-gu, Daegu-gu, and the 203-1, 203-1, a business operator in charge of the project for the settlement of disputes and the 124,30,000 won of the contract amount among the above D D D construction construction works, made a false statement to the effect that “10% of the contract amount shall be paid at the time of the contract, and the intermediate payment shall be paid at 70% in accordance with the construction cost ratio, and the remaining 20% shall be paid within three months after the completion of the construction work.”

The Defendant, from that time until the end of June 2015, did not pay 111,870,000 won in total and intermediate payment and remainder, thereby acquiring financial benefits equivalent to that amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Entry of the defendant's partial statement or G in the protocol of examination of the suspect against the defendant in the prosecution;

1. Statement of the police statement related to G;

1. Complaint;

1. The application of Acts and subordinate statutes to a criminal investigation report (receiving letters) and an investigation report (C representative director H telephone statements hearing report);

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of applicable sentences under the law: Imprisonment from one month to ten years.

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