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(영문) 광주지방법원 2018.06.14 2018고단1140
사기
Text

A defendant shall be punished by imprisonment for not less than two months.

Reasons

Punishment of the crime

On November 23, 2017, the Defendant was sentenced to two years and six months of imprisonment for fraud, etc. in the Southern Branch of the Gwangju District Court, and the judgment became final and conclusive on February 14, 2018.

1. On January 5, 2013, the Defendant of the first crime committed the first crime would pay the victim of the new construction site located in Jindo-gun, Jindo-gun, Nam-gun with construction cost even if the victim did not have the intent or ability to repay the construction cost even if he subcontracted electrical construction works, etc. to the victim D.

“Falsely speaking, the injured party did not pay the total amount of KRW 8,400,000 out of the wages for electrical construction and the cost of materials even though the injured party completed all the construction works under the above agreement, and acquired the same pecuniary profit.

2. On January 12, 2013, the Defendant was at a construction site located in Jindo-gun F, Jindo-gun G and Jindo-gun H, Jindo-gun, and Jindo-gun H by telephone around January 12, 2013, and even if the Defendant did not have the intent or ability to repay the construction cost to the victim even if the Defendant subcontracted the electrical construction, the Defendant would pay the construction cost on the face of the completion of the electrical construction part.

“Falsely speaking, the injured party did not pay the total amount of KRW 7,563,00,00, out of the wages for electrical construction and the price of the material although the injured party completed all the construction work under the above agreement, and acquired the same pecuniary profit.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Detailed statement of transaction, investigation report (verification, etc. of address of public demand house), investigation report (related to the submission of a detailed statement of deposit and withdrawal and the classification of material cost), investigation report (Correction of the amount stated in the statement statement), investigation report (related to non-performance of obligations of a suspect A), investigation report (related to financial transaction information of a suspect A);

1. Previous convictions in judgment: Inquiry about criminal history and application of Acts and subordinate statutes of investigation report (verification of final judgment);

1. Relevant Articles of the Criminal Act and the choice of punishment for the crime, respectively;

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