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(영문) 서울북부지방법원 2015.02.05 2014고단3049
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

At around 14:00 on October 30, 2012, the Defendant concluded a false statement to the effect that “The Defendant would pay 50 million won of the construction amount immediately after receiving the payment from the prime office upon completion of installation works for the heavy cooling and cooling equipment.”

However, since the defendant had to pay debts, management expenses, personnel expenses, etc., it was difficult for the victim to pay the construction cost even if he received the payment from the original office, and there was no intention or ability to pay the construction cost to the victim even if the victim completed the construction work.

Around April 30, 2013, the Defendant, by deceiving the victim, had the victim complete the installation work of heating and cooling equipment equivalent to 50 million won at the market price, but did not pay the construction cost, thereby acquiring profits equivalent to the same amount.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. The witness E and D's statements in this Court;

1. Construction contracts and modified agreements;

1. Application of Acts and subordinate statutes to investigation reports;

1. Article 347(1) of the Criminal Act applicable to the crime, the choice of imprisonment;

1. Suspension of execution under Article 62 (1) of the Criminal Act ( normal consideration, such as the fact that the defendant has no past record of the same crime and has no criminal record of fine or heavier punishment, and that there has been

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