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(영문) 부산지방법원 동부지원 2018.01.10 2017고단946
사기
Text

1. The defendant shall be punished by imprisonment for six months;

2.Provided, That 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

The Defendant was sentenced to three years of imprisonment for fraud, etc. at the Changwon District Court on July 17, 2014 and was sentenced to three years of imprisonment for the same year.

7.21. The judgment became final and conclusive.

Criminal facts

The defendant is a person who operated B, a solar power generation construction company, company B.

On January 22, 2013, the Defendant runs as if he would normally install a solar power plant to the victim D at the Gyeongnam-gun Community Center in the Gyeongnam-gun, Chungcheongnam-do around January 22, 2013, and “To complete the construction of the down payment on the house rooftop by installing a solar power plant of 3 km scale on the house rooftop.

“The purpose of “ was to make a false statement.”

However, at the time of fact, the Defendant had no intention or ability to install solar power plants as promised by the victim because, in the course of operating the said company, the Defendant was thought to use it as costs for the installation of solar power plants in other areas that had been previously concluded, even if he received down payment from the injured party, and the financial circumstances, such as failure to pay taxes imposed on the said company, etc. were very poor.

As above, the Defendant: (a) by deceiving the said victim; (b) received one million won as down payment through the Agricultural Cooperative Account under the name of the Defendant from around that time; and (c) received a total of 27 million won from the victims in the same manner as shown in the annexed crime list from June 10, 2013 to June 10, 2013, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol with respect to E;

1. Complaints of F, etc.;

1. Previous offense: Inquiries about criminal history and the application of Acts and subordinate statutes of investigation reports (the confirmation date of judgment);

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

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62(1) of the Criminal Act of the suspended execution (the fact that the defendant installed some structures to build solar power generators, and the defendant is the same as this case.

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