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(영문) 부산지방법원 2016.01.27 2015고단4955
사기
Text

A defendant shall be punished by imprisonment for six months.

However, 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

On December 2, 2014, the defendant, who was the representative of C, was called on his phone to the victim D, who was the representative of C, and supplied human resources for remodeling construction of the building in Busan Young-gu E, and paid personnel expenses by receiving the construction cost.

“False speech” was made.

However, in fact, the Defendant did not have any particular property and did not pay food expenses required for the above construction, so there was no intention or ability to pay personnel expenses even if he was provided with workers from the injured party.

The Defendant was provided by the victimized party with the total labor cost of KRW 17,640,00 among the end of December from around that time to December 2014.

Accordingly, the defendant deceivings the victim, thereby acquiring property benefits equivalent to the same amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against the victim;

1. Application of the Acts and subordinate statutes to the copy of output of labor cost for daily use;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act / [the scope of recommendation and sentence] General Fraud / [the scope of sentence of punishment] / [the person who is not subject to special sentencing] / [the sentence] / [the person who is subject to special sentencing] / The crime of this case is committed in this case by acquiring personnel expenses continuously as above even though the defendant had had had a record of punishment due to delayed payment of personnel expenses on several occasions while carrying out the construction business.

However, considering the fact that the defendant is against the defendant, the conflict between the plaintiff and the plaintiff in relation to the construction cost of this case appears to be the cause of the delay in payment of the personnel expenses of this case, the social relationship is clear, and all other circumstances constituting the conditions for sentencing, such as the defendant's age, sexual conduct, environment, motive and circumstance of the crime, and circumstances after the crime, the punishment shall be determined as ordered.

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