(영문) 인천지방법원 2014.06.27 2014고단2116

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(영문) 인천지방법원 2014.06.27 2014고단2116

사기

Text

A defendant shall be punished by imprisonment for six 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 March 30, 2009, the Defendant made a false statement to the victim D at the construction site of the Daejeon Dong-gu Seoul Building, Daejeon, stating that “The construction cost shall be paid immediately after the completion of the building on the face of the Jeju Island.”

However, even if the above construction is completed and the contract price is paid from the contractor, the defendant did not have the intent or ability to pay the price to the victim as agreed even if he had the victim work, because it is not sufficient to pay the existing contract price and the bonds of KRW 300 million.

Accordingly, the defendant deceivings the victim as above and belongs to it from March 20, 2009 to the same year.

4. By 30. 30. 41. The construction cost equivalent to KRW 41 million has been acquired as pecuniary benefits equivalent to the above amount.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes to the complaint;

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

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

1. Where the scope of the recommended sentence on the sentencing criteria [the scope of the recommended sentence] is general fraud category 1 (less than 100 million won) and the mitigation area (one month to one year) (special mitigation person] and the punishment is not imposed, or damage is recovered from considerable part;

2. The sentence shall be determined as ordered in consideration of the fact that the defendant who was sentenced to the punishment of this case led to confession and reflects the crime of this case, the fact that he agreed with the victim, the fact that there is no record of the same kind of crime and the suspension of execution, the amount of the punishment of this case, the age, character and conduct, the environment of the defendant, the motive and circumstances leading to the crime

참조조문

-형법 제62조 제1항

-형법 제347조 제1항

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