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(영문) 서울중앙지방법원 2017.10.27 2017고단5443
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

On June 2016, the Defendant sent a telephone to the victim C who became aware of through B, which was located in the B, in an irregular area of Dongjak-gu Seoul Metropolitan Government (hereinafter referred to as Dongjak-gu) and performed a cafeteria construction of a restaurant located in Jongno-gu Seoul Metropolitan Government D, and the cafeteria construction of a restaurant located behind the police station in the Gyeonggi-gu, Jongno-gu, Seoul. On the construction site, the Defendant would pay the price of the materials immediately if he/she supplies construction materials, such as a joint board, even, and tin at the construction site.

The phrase “ makes a false statement.”

However, at the time, the Defendant was unable to pay approximately seven million won of the wages of the employees, and the amount of the material cost also exceeded KRW 8 million, and the amount of the construction cost to be paid at another construction site is unclear as the payment of the construction cost is delayed several times, and the interior works of the above restaurant is insufficient due to the lack of the construction cost itself due to the lack of the construction cost due to the lack of payment of the construction cost or the construction work cost being paid only a part of the construction cost. Therefore, there was no intention or ability to pay the construction cost even if the construction cost is supplied by the injured party.

From June 29, 2016 to June 29, 2016, the defendant deceiving the victim as above and deceiving the victim.

7. By no later than 15.15. The government received and fraudulently acquired construction materials equivalent to 13,194,732 won in total of the market value.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Investigation report (B and telephone call);

1. Application of Acts and subordinate statutes on trading;

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. The grounds for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of the recommended sentence] general fraud [Article 62(1) of the Act on the Suspension of Execution] that there is no basic area (from June to one year and six months) [the person subject to special sentencing] [the decision of sentencing] [the decision of sentence], the circumstances leading to the instant crime, the amount of damages, the amount of damages exceeding the fine, the fact that there is no criminal record exceeding the fine, and the fact that the health status is insufficient

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