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(영문) 대전지방법원 천안지원 2014.10.17 2014고단734
사기
Text

A defendant shall be punished by imprisonment for one year.

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

The Defendant, at around 17:00 on February 15, 2013, prepared a standard contract for private construction works around 19, 200,000 won, around 10,000 won, around March 1, 2013, to the effect that “the Defendant shall start a multi-family house construction work from one parcel outside the F of Yong-gun, Young-gu, Seoul, to be completed by June 15, 2013,” and that “the Defendant shall complete the construction work of the multi-family house to be paid to the victim”, and that “the victim shall complete the construction work of the multi-family house by June 15, 2013, and the victim and the victim who believed it, around 19, 200,00 won, including KRW 1,00,000,000 around March 7, 2013, KRW 200,300,000 around 3035,2013.

However, the facts are as follows: (a) the Defendant, regardless of the above construction work, was suffering from financial difficulties in connection with the construction work of the fishery product processing plant in the Yong-Namnam mine; (b) even if he receives the construction payment from the victim, he seems to have clearly written indictment of KRW 47970,000,000,000,000,00

Since it was thought that it will be used for construction work of the above fishery product processing plant, there was no intention or ability to normally complete the victim's multi-household housing.

After all, the Defendant, as above, by deceiving the victim as above, obtained KRW 12.5 million as the name of the construction cost and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. A complaint;

1. A standard contract for private construction works;

1. Application of Acts and subordinate statutes to a copy of a fisheries cooperative passbook (Account Number: H) and a detailed statement of transactions of free savings;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment (generally, choice of imprisonment);

1. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter below) is that the defendant's main crime for sentencing is not much damaged, and that the defendant has a record of being punished for the same kind of crime is disadvantageous to the defendant.

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