(영문) 수원지방법원 2015.05.06 2014고단4984

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자간(%)

(영문) 수원지방법원 2015.05.06 2014고단4984

사기

Text

A defendant shall be punished by imprisonment for four 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

On November 21, 2013, the Defendant made a false statement to the effect that “D” points of the Victim C’s Operation “D,” the Defendant would pay the amount of electrical construction after the completion of the electrical construction, while the Defendant supplied electric wires to the effect that “The Defendant is doing electrical construction at the site of the extension of the G plant located in Ansan with the subcontractor’s house of F in the e in the event of the ethicization.”

However, in fact, the defendant did not have any intention or ability to pay the price even if he was supplied with electric wires from the victim because there was no electrical construction at the site of the G plant extension work.

The Defendant, by deceiving the victim by the foregoing method, received an electric cable equivalent to the total market value of KRW 14,864,880 from November 22, 2013 to January 9, 2014 from the victim.

Summary of Evidence

1. Statement of the defendant in the second protocol of trial;

1. Examination protocol of the accused by prosecution;

1. Statement to C by the police;

1. Application of the Customer Director Act

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

1. The sentence shall be set as the order and suspended execution shall be imposed in consideration of the following circumstances: (a) disadvantageous circumstances, such as the fact that the criminal defendant was punished for fraud, etc.; (b) the defendant paid 6 million won to the victim under the pretext of agreement; (c) the victim has cancelled the criminal complaint against the defendant; and (d) other extenuating circumstances, such as the fact that the criminal defendant is aware of his/her mistake; and (e) other various sentencing conditions specified in records and arguments.

참조조문

-형법 제62조 제1항

-형법 제347조 제1항

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