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(영문) 인천지방법원 2016.02.25 2015고단6905
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 becomes final and conclusive.

Reasons

Punishment of the crime

On May 12, 2014, the Defendant made a false statement to the effect that the Defendant is a person who operates a construction waste disposal company in the name of the Corporation Co., Ltd., which is a construction waste disposal company, and that “If he/she disposes of construction waste disposal services, in lieu of construction waste disposal services, he/she shall pay the price without a mold, as he/she receives the price from the Corporation Co., Ltd., a construction waste disposal company, and E, etc., which is a construction waste disposal company.”

However, in fact, while the Dispute Resolution Co., Ltd at the time bears the obligation to pay the amount of KRW 00 million, the amount of operating income will lead to the deficit of each month, and the victim company will treat the construction waste on behalf of the Dispute Resolution Co., Ltd., and even if the payment was received from the person who held the seat of the Dispute Resolution Co., Ltd., the victim did not have the intent or ability to pay the disposal amount to the victim company.

Nevertheless, the defendant deceiving the victim company-related person and let the victim company conduct construction waste disposal services on behalf of the victim company-related company Co., Ltd., and even though the defendant received the price from the party-affiliated company Co., Ltd., the victim company did not pay at all 10,153,000 won of the disposal price, thereby acquiring property benefits equivalent to the same amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

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

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 reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act, Article 60(3) of the Juvenile Act / [the scope of the recommended sentence] In the case where an intentional act of deception is committed with negligence (one month to one year) in the mitigation area (one year) [the person subject to special mitigation] [the decision of sentencing], other than the above sentencing person, the defendant recognized and reflects the crime, discharged part of the damage, the defendant has no record of criminal punishment exceeding the same criminal record or fine, and other records and arguments of this case.

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