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(영문) 전주지방법원 정읍지원 2014.01.28 2013고단555
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

[criminal power] The Defendant is a person who was sentenced to a suspended sentence of two years on December 13, 2012 to eight months for the crime of occupational embezzlement in the former District Court’s branch court’s branch court’s branch court, and the said judgment became final and conclusive on October 11, 2013.

【Criminal Facts】

The Defendant is a person running a “D Co., Ltd.” in Jung-Eup Si.

around 16:00 on February 23, 2012, the Defendant made a false statement to the victim E that “The Defendant would pay the full construction cost within 50 days after the completion of the sea-going construction work.”

However, in fact, the Defendant had been liable to the financial institution for 1.4 billion won, and did not pay 55 million won for the construction cost to F, and if the completed walkeys are not sold to a third party, there was no way to pay the construction cost to the victim. Therefore, even if the victim had harmed the walkeys construction, there was no intention or ability to pay the price.

The Defendant, through the foregoing method, by deceiving the victim, and then by deceiving the victim, was provided by the victim with the service of construction work equivalent to 54 million won at the market price from around that time to March 30, 2012, but acquired it by deception without paying the price.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Previous records of judgment: Application of criminal records, references to criminal records, investigation reports (Attachment of a copy of judgment), investigation reports (Attachment of a copy of summary order) and Acts and subordinate statutes;

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act dealing with concurrent crimes;

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

1. Social service order under Article 62-2 of the Criminal Act;

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