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(영문) 대구지방법원 2017.07.19 2016고단6719
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On July 1, 2010, the Defendant drafted a standard contract for construction work for the progress of the studio construction work on the land of the Gu, Si, Si, Gu, and Si, the Defendant started construction work on July 20, 2010 to the victim E.

However, from July 19, 201 to July 19, 201, 35,500,000 won for construction price as down payment, since funds, such as purchase of materials, are required.

different. “A false statement was made.”

However, the defendant tried to use money from the injured party at the same time, even if he/she is receiving money from the injured party, and he/she did not have any intention or ability to proceed with the construction.

The Defendant, as such, by deceiving the victim, received cash of KRW 2,00,000 from the injured party on July 1, 2010, and received total amount of KRW 35,500,000 from July 2, 2010 to July 19, 2010 from July 2, 2010.

Accordingly, the defendant was given a total of 35,500,000 won by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution (including part concerning the E-examination);

1. Statement protocol by the police for E;

1. Application of the standard contract for construction works, details of remittance of down payment, and civil judgment-making statutes;

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. The reasons for sentencing under Article 62(1) of the Criminal Act are as follows: (a) considering the fact that the defendant partly pays to the victim and agreed with the victim; and (b) the defendant is against the victim.

In addition, the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the amount of defraudation by the accused, the motive and background of the crime of this case, the criminal records of the accused, and the age and sexual conduct, shall be determined as the disposition.

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