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(영문) 광주지방법원 2018.11.28 2018고단3589
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 became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who performs a creative construction work in Gwangju Mine-gu C with D's trade name.

On October 2, 2017, the Defendant agreed to set up VDF-245D, VF-131 windows when concluding a remodeling construction contract with the victim F and the above apartment.

However, unlike the agreement, the defendant was thought to establish NDF-230H heading that the price of the above product was lower than that of the above product, and there was no intention to install the above creative product.

The Defendant, as above, by deceiving the victim, received 11,146,740 won from October 2, 2017 to October 20, 2017 to the Defendant’s account in the name of his/her father G from October 2017 as the price for the installation of a window from the injured party.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to written estimates, details of transactions of passbooks, cancellation of contracts, and reinstatement;

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. Reasons for sentencing under Article 62(1) of the Criminal Act - Circumstances favorable to sentencing under Article 62(1) of the suspended sentence - The fact that the defendant acknowledges most of his/her mistakes, and that the actual amount of damage seems to be less than the amount of fraud - Unfavorable circumstances: The fact that

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