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(영문) 서울중앙지방법원 2017.12.21 2017고단7645
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

The defendant is the representative of D, a registered company for elevator repair business that provides elevator repair services, who has entered into a contract for replacement of the part of the plaintiff E apartment building occupants' representative meeting and E apartment building.

The defendant has replaced the main part of the elevator of the E apartment with a reproduction product, which is a half of the rated product, and has the intention to acquire the difference by deception.

On July 8, 2013, the Defendant: (a) replaced the main elevator part of Jongno-gu Seoul E Apartment 7, 2013, with a recycled part; (b) submitted a written estimate as if the completion was replaced with a rated part; and (c) submitted it to a staff member in charge of the name of the council of occupants belonging to the council of occupants; (d) from around that time to April 29, 2016, the Defendant received a total of KRW 65,567,000 for replacement of parts from the victim’s representative meeting to April 29, 2016, as shown in the attached list of crimes.

Accordingly, the defendant acquired the property of the representative meeting of the victim occupant.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement protocol with respect to F and G;

1. Data related to elevator inspection contracts, elevator maintenance and repair contracts, unit contracts of elevator parts, details of the replacement of elevator domains (from 2012 to 2016), recording records, table of the unit price of main elevator parts, estimates, etc.;

1. Application of Acts and subordinate statutes to each domain label;

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 a sentence (comprehensive imprisonment with labor);

1. Sentencing Criteria for sentencing under Article 62(1) of the Criminal Act: Fraud crime, general fraud, type 1 (less than KRW 100 million), basic area, imprisonment with labor for six months to one year and six months, the defendant's main part of the elevator to rescue the mother installed in the elevator shall be replaced with a recycled product, and the cost of replacing the two as if he/she were the recovered product. The fact that the act may affect the safety of elevator users shall be considered.

On the other hand, the defendant.

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