(영문) 대구지방법원 서부지원 2014.05.01 2013고단983

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(영문) 대구지방법원 서부지원 2014.05.01 2013고단983

사기

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A defendant shall be punished by imprisonment for one year.

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 May 30, 2011, the Defendant entered into a contract with the victim C to newly construct houses in the Sung-gun of Gyeong-do at a multi-face with which it is impossible to know the trade name in the Sung-gun of Gyeong-do.

However, the fact that the Defendant aggravated the financial situation from the end of 2010, and consumed the other construction cost for personal purposes after receiving the payment for the construction cost. Therefore, even if the Defendant received the payment from the victim, he was trying to use it as another construction cost, and did not have the intention or ability to perform the said contract properly.

The defendant, from the victim, on June 1, 201, 30 million won as contract deposit, and the same year from the victim.

7. 21. The same year under the pretext of part payments and design expenses, three million won, and three million won under the pretext of part payments;

8.3. A person who has been granted a total of 63 million won under the pretext of part payments;

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

1. Article 347 (1) of the Criminal Act applicable to the crimes. Article 347 (1) of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Although the amount of deceitation in this case for sentencing under Article 62-2 of the Social Service Order Act is not a large amount, a suspended sentence imposed on the condition of community service shall be imposed in consideration of the circumstances, such as the scale of substantial damage considering the actual part of the construction work, the defendant was sentenced to a fine twice due to drinking driving and the violation of the Establishment of Homeland Reserve Forces Act, and there was no previous conviction or more than the suspended sentence, and the defendant was aware

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