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(영문) 제주지방법원 2020.09.16 2020고단467
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, while participating in the project to eradicate pine trees in Jeju City while operating the Co., Ltd., Ltd., said, around January 10, 2018, the Defendant stated, “Around Jeju City, the Victim D would pay the cost of work on the part of the trucking vehicle using the sculf for transporting pine trees.”

However, at the time of receipt of B from non-party E, the Defendant applied for an auction of the house owned by the Defendant on the wind that the acquisition price of B would not be paid 40 million won. The tax in arrears at a tax office was equivalent to 75 million won and there was a circumstance that the said tax in arrears was to be paid in money in order to participate in the above pest control project, and there was a situation where the said tax in arrears was under the obligation of other lending companies such as banks. Thus, even if the Defendant was paid approximately KRW 189 million from the Jeju City through the above counter-party disaster prevention project, it was merely a plan to preferentially pay the above debt and project cost, and there was no intent or ability to pay the victim normally.

As above, the Defendant: (a) by deceiving the victim; (b) had the victim take an operation from January 15, 2018 to April 3, 2018, to cut off the cryp from the cryp control site of the Jeju FF from January 15, 2018; and (c) did not pay 2,1,450,000 won in total; and (d) obtained pecuniary benefits equivalent to the same amount

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes governing credit information history;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The fact that the defendant has no criminal records of the same kind or imprisonment without prison labor or any heavier punishment for the reason of sentencing under Article 62(1) of the Criminal Act, reflects the fact that he/she has agreed with the victim, the age, character and conduct, family relationship, environment, circumstances of the crime and results thereof, etc.

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