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(영문) 전주지방법원 2013.06.17 2013고단1166
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

Around September 208, the Defendant was expected to use the fact in the new construction work site of the victim D's detached house located in the Daan-gun of North Korea, the Defendant received money from the victim for the purpose of the construction cost and received it as the payment for the construction cost, so even if he did not have the intent or ability to perform the construction work even if he received the construction cost from the victim, the Defendant made a false representation in the payment for the construction cost to the victim, and he received the total amount of KRW 13 million from the victim on Oct. 17, 2008 and KRW 8 million on Oct. 27, 2008.

Summary of Evidence

1. Statement by the defendant in court;

1. Each prosecutor's protocol of examination of the accused;

1. Police officers and prosecutor's protocol of statement concerning D;

1. Each report on investigation;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. It is so decided as per Disposition on the grounds of not less than Article 62(1) of the Criminal Act (the circumstances favorable to the defendant, such as the fact that the defendant has committed the crime in this case, and that the defendant has agreed smoothly with the victim).

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