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(영문) 수원지방법원 여주지원 2014.12.08 2014고단366
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

From around 2007, the Defendant has been operating a construction business with the trade name of the Bank of Bankruptcy D in the Gyeonggi-si.

On June 2012, 2012, the Defendant made a false statement to F, the representative of the victim (E) at the construction site located in Hacheon-si, Dongcheon-si, Hacheon-si, that “The Defendant would make a new payment for the construction work at the time of the supply of the new city immediately after the completion of the supply of the new city. This case’s payment for the construction work would be KRW 150 million, but the supply is completed at the time of the completion of the supply.”

However, the Defendant had no other assets in bad credit standing at the time, and even if he received the construction cost of the above sub-Eup’s house, he was planning to cover the construction cost of another Do Ri that the Defendant continued, and even if he received approximately KRW 60,917,093 from the victim, he did not have the intent or ability to pay the remainder of KRW 50,000,000,000,000,000 won, other than the down payment, to the victim immediately after the delivery.

Nevertheless, by deceiving the victim as above, the Defendant was supplied with the amount equivalent to KRW 60,917,093 from June 18, 2012 to September 2012, 2012, and acquired it by deception.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the accused by the prosecution (including theF statement);

1. Each legal statement of witness F and G;

1. Protocol of the police statement concerning G;

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

1. Where a person intentionally commits a deceptive act in the mitigated area (one to one year) reduction (one to one year) (special mitigation) of type 1 (one to one year) by negligence, or where the degree of deceptive act is weak [decision of sentence] as if a person would be liable to pay the price of goods], the pertinent provision of the criminal facts, Article 347(1) of the Criminal Act of the choice of punishment, the reason for sentencing of sentence [the scope of recommendation] is the case of deceiving the victim to receive the goods from the victim as if he would be paid the price of goods.

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