logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 포항지원 2016.05.26 2016고단169
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From November 4, 2010 to December 28, 2010, the Defendant entered into a contract with D, a building owner for the installation of the notified telecom with respect to the construction project on the Nowon-gu Seoul Special Metropolitan City B and six stories, Seocheon-gu, Seoul Special Metropolitan City, and made a subcontract to eight victims, including victims E, and paid the construction cost without receiving the construction cost from the owner D when the construction is completed.

“.” Around December 28, 2010, it received 270 million won for construction payment from D from around December 28, 2010.

However, even if the owner receives the construction cost from the owner, there was no intention or ability to pay the construction cost and materials to the victims.

However, from December 5, 2010 to September 19, 2010, the Defendant given a subcontract to the victim E, who is the victim of the 5 million won plant, at the construction site of the tele site, and did not pay the construction cost even after the completion of the subcontract, the Defendant paid 43,500,000 won out of the construction cost of 103,886,300 won and did not pay the remainder of 60,386,300 won as shown in the annexed crime list.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A complaint;

1. A copy of the contract, etc., a copy of the contract, and each copy of the contract (F);

1. A detailed statement of transactions with our bank under the name of the person under consideration;

1. Application of Acts and subordinate statutes to a criminal investigation report (the accurate amount of damage caused by G telephone, repayment, and confirmation of the amount of unpaid reimbursement by a complainant);

1. Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment with prison labor, respectively;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes provided for in a crime of fraud against the victim H with the largest criminal situation);

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

1. The reason for the protection and observation of the community service order and the reason for the sentencing of Article 62-2 of the Criminal Code [the scope of recommendation] of the general fraud type 1 (the period of less than KRW 100 million) (the imprisonment of six months to one year and six months) (the imprisonment of one year and six months).

arrow