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(영문) 수원지방법원 성남지원 2019.06.19 2018고단2970
사기
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, as the actual business owner B, becomes aware of the Victim C, which is a business operator installing film test equipment, around September 201, and was aware of the fact that he subcontracted film execution work from November 20, 201 to November 20, 201.

On August 24, 2012, the Defendant concluded that “The Defendant would pay all the construction cost as the completion of the construction work on DPC film construction work” to the victim in the French land, and caused the victim to perform the DPC film construction work on August 24, 2012, and did not pay the construction cost of KRW 2.44 million out of the construction cost of KRW 3.44 million.

On September 18, 2012, the Defendant had been deceiving the victim that “The construction cost will be paid along with the construction cost that did not have been incurred at the previous site as the construction work is completed, on the ground that it would prejudice the construction of the film construction work of the Chuncheon Eurto.”

However, in fact, the defendant did not have any other financial ability at the time and did not have any intent or ability to pay the price even if the victim does the test film work because the debt exceeds the debt amounting to KRW 265 million, not exceeding the debt amounting to KRW 25 million.

The Defendant, as indicated in the list of crimes in the attached Form, had the victim perform construction works for installation of test films over 16 times from August 24, 2012 to May 13, 2015, and did not pay KRW 30,657,80, and acquired pecuniary gains equivalent to the same amount.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes of a written repayment plan;

1. Article 347(1) of the Criminal Act, the choice of imprisonment with labor, inclusive, with respect to the relevant criminal facts;

1. The suspended execution of Article 62(1) of the Criminal Act makes efforts to repay damage, such as deposit of KRW 20 million for the reason of sentencing, not for planned or conclusive crimes, the fact that there is no past record of the same kind of crime exceeding the fine, confession and reflect, and other matters that are the defendant's age, occupation, character and conduct, family relationship, living environment, etc.

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