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(영문) 대구지방법원 서부지원 2020.02.05 2019고단1789
사기
Text

A defendant shall be punished by imprisonment for not less than eight 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

On July 16, 2018, the Defendant: (a) entered into a contract with the victim C, the representative of the victim C, in the Daegu-gu Seoul-dong-gu B-dong-gu Office for the establishment of solar power plants at KRW 150,700,00,000; (b) transferred KRW 11,00,000 as the down payment around August 16, 2018 from the victim as the down payment; and (c) transferred KRW 10,000,000 to the victim on December 17, 2018 as the solar-powered construction cost installed on December 17, 2018, respectively; and (d) concluded that the victim changed KRW 44,400,000 under the name of solar-powered boiler, monitoring, monitoring, and ordering price.

However, the defendant had an intention to preferentially repay other debts even if he/she receives money from the victim due to a large amount of debts accumulated at another construction site. When he/she preferentially pays other debts, he/she did not have an intention or ability to install the bracks, etc. for the victim because there is no funds

Nevertheless, the Defendant, as above, by deceiving the victim as above, received 44 million won from the victim as the price for Mads and Mads, in January 2, 2019, and acquired it by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement of C, F, G, and H;

1. Each investigation report (the sequence 21, 22, 23 of the evidence list);

1. Application of statutes governing I orders, such as a written contract for solar power generation facilities, a written promise to supply boilers, the results of inquiry into the details of entry and departure transactions, electronic tax invoices, construction progress plans, etc.;

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 is that the crime is considerably poor in light of the background and method of the crime in this case, the damage still has not been recovered up to now, and that the situation after the crime is not good, such as requesting the H to make the victim not to be paid as if the cost of materials, such as the victim was paid after the crime, etc., and the crime is committed twice in the past.

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