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(영문) 부산지방법원 2016.05.25 2015고단3900
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 2012, 2012, the Defendant supplied the victim D with the building materials under the name of the representative in E and F at the site of the construction of the city apartment in Geumcheon-gu, Busan, and received the price from the original office on the face of the State.

A false statement was made.

However, in fact, the defendant has already been liable for the maximum amount of the purchase price or the wage liability under the bad credit standing, and if profits have been incurred by the original office, etc., he/she shall be fully paid the above-mentioned debt, such as wage liability, etc., and in the above-mentioned E, he/she did not agree to receive the construction materials under his/her own name. Therefore, the victim did not have the intent or ability to

The defendant from around May 1, 2012 to the victim of the same year.

5. The same year, equivalent to KRW 472,00,000 at the construction site for neighborhood living facilities located in G in G in the G in the G in the G in the G in the G in the G in the G in the

5.1. The same year from around January 1

8. The same year, equivalent to KRW 5,152,700, from the construction site of an apartment in Busan Daegu H until March 31, 200,

5. The same year from around 14.

9. The same year by July 1, 200,000 won at the construction site for the construction of new apartment units in Busan Geum-gu C, Busan, and the same time.

5. The same year from around 17.

9. By December 25, 2000, each construction material was supplied at the construction site of a new commercial building located in Seo-gu I in Busan.

Accordingly, the Defendant, by deceiving the victim, received property worth KRW 48,737,550 in total.

Summary of Evidence

1. Statement by the defendant in court;

1. Part of the statement made D in the second examination protocol of the suspect against the accused in the prosecution;

1. Each police statement made to D or J;

1. Each letter of confirmation, each letter of payment

1. Application of Acts and subordinate statutes to investigation reports (the latest investigation matters of a suspect and facts of insolvency at the time of committing a crime);

1. The relevant Article of the Criminal Act and Article 347(1) of the Criminal Act on the grounds for sentencing [the scope of punishment and sentence of recommendation] under the general fraud [the scope of punishment and sentence] under Article 347(1) of the Criminal Act on the criminal facts, there is no person who has a basic (6 months - one year and six months) [the person who has a special sentencing sentencing] (the sentence shall be sentenced.

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