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(영문) 의정부지방법원 고양지원 2018.11.22 2018고단587
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

[criminal history] On August 9, 2012, the Defendant was sentenced to a suspended sentence of two years for a period of six months, which was sentenced to a suspended sentence of two years for fraud, in order to establish a district court in order to support the district court. On August 17, 2012, the said judgment was finalized.

[2] On April 7, 2008, the Defendant stated that “A victim E, who is located in Gyeyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoul, stated that “The Defendant would change KRW 10 million to the victim E so that the ordering office may carry out soil and sand transport works at the Hanyang Construction site, a water resources construction site.”

However, even if the victim received money from the victim, there was no intention or ability to cause the victim to carry out the transportation of earth and sand.

Nevertheless, the Defendant received money of KRW 10 million from the injured party to the Agricultural Cooperative Account (G) in the name of the Defendant’s wife in the name of the third party as a part of arranging construction work on the same day from the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of H in the protocol concerning the interrogation of the accused by the prosecution;

1. Statement of E in the police interrogation protocol for the accused;

1. Statement made by the H by prosecution;

1. Statement of the E police statement;

1. Account details;

1. A contract for construction works;

1. A criminal investigation report (report accompanied by a detailed statement of account transactions made using a suspect), records of account: A criminal investigation report (report on the confirmation of criminal records A by a suspect), search and judgment of integrated cases, and the application of Acts and subordinate statutes as a result of inquiry;

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. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 62 (1) of the Criminal Act on the stay of execution (the records of the same crime, the amount of fraud and the details of the case, the unrefised damage, the current health of the defendant, the case in which judgment has been rendered together with the case in which judgment has become final and conclusive);

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