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(영문) 인천지방법원 2019.02.20 2018고단8873
사기
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

except that 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

On March 13, 2011, the Defendant stated that “D” in the “D’s operation of the Victim C located in Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, the Defendant would pay the materials price to the victim on the 15th day of each month when the materials are supplied.”

However, in fact, the Defendant set the construction cost at an unreasonable lower price with the owner in order to obtain a subcontract for construction works from the owner F, etc., and did not have any particular property, and thus, there was no intention or ability to pay the cost of the materials in a normal manner even after receiving the

Nevertheless, the Defendant, by deceiving the victim as above, is supplied with building materials equivalent to KRW 10,500 on the same day from the victim, and the same year from that time.

6. Until 14. By 14., construction materials equivalent to 52,818,000 won were supplied as listed in the annexed list of crimes, and the price was not paid, thereby acquiring pecuniary gains equivalent to that amount.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused;

1. Each police statement of C;

1. Application of Acts and subordinate statutes of the supply list, payment angle;

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 is not many property acquired by the defendant from the victim; while the defendant acknowledges the crime of this case and reflects his mistake; the victim is seeking the defendant's wife by agreement with the victim; the defendant's age, character and conduct, environment, motive and circumstance of the crime of this case, means and method of the crime of this case, circumstances after the crime of this case, etc., the sentence like the order shall be determined by comprehensively taking into account the following factors:

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