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(영문) 서울동부지방법원 2017.10.20 2017고단2346
사기
Text

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

Reasons

Punishment of the crime

The Defendant suffered approximately KRW 100,000,000 from the damage of KRW 100,00,00 in the course of carrying out a life-for-the-counter business, and as a result, the Defendant fell into the status of debts due to the shortage of debts, the Defendant received the interior materials from the victim B and received the interior materials, and received the construction cost from the building owner, and received the construction cost from the building owner,

1. On February 26, 2015, the Defendant: (a) had no intent or ability to pay the price even if he/she received the interior materials as above; (b) had the victim’s intention or ability to pay the price by telephone; (c) had the victim induced the victim; and (d) had the victim delivered the main household equivalent to KRW 4.7 million from the injured party around that time by deceiving the victim by making a false statement that “I would deliver the main household necessary for apartment remodeling construction work of Gangnam-gu Seoul Metropolitan Government apartment C, 105 Dong 601, and 601.”

2. From March 2015, the Defendant: (a) by means of telephone No. 1; and (b) by means of telephone No. 1, 2015, the Defendant: (c) deceiving the victim by deceiving the victim; (d) “The Defendant would pay the said victim the prime bank and ordinary households necessary for the interior of the Suwon Tong-gu D Construction D Construction; and (e) received the delivery of the victim’s household amounting to KRW 2,1240,000 from the victim around that time.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes to interior works, design contract, certificate of full payment, and copy of the passbook of each bank;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The grounds for sentencing under the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 50 of the Act on the Aggravated Punishment of Concurrent Crimes do not enter into an agreement with the victim and do not reach an agreement. The trial on the same kind of crime for which judgment has not become final and conclusive is underway in the appellate trial, the defendant's recognition of the crime and reflects the defendant's age, sex, criminal records, criminal records, means and results of the crime, and other conditions of sentencing as shown in the trial process of this case, including the circumstances after the crime.

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