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(영문) 대전지방법원 천안지원 2016.09.22 2016고단68
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[criminal records] On June 12, 2015, the Defendant was sentenced to 10 months of imprisonment with prison labor and 2 years of suspended execution in the Seosan Branch of the Daejeon District Court, and the judgment became final and conclusive on February 24, 2016.

1. On March 12, 2008, the Defendant constructed a new apartment building located in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu at the construction site for the construction site for the “Seong apartment complex” (one "Yeong-gu").

“The fact is that there is no money that the Defendant would receive from “B construction” as a wage for the said steel bars that work at the said construction site in the “B construction”, which is the contractor of the said construction, and that there is no money that the Defendant would receive from “B construction,” as a wage for the said steel bars, the victim C would receive wages from B construction later if it lends wages to C.

‘Falsely speaking, it received KRW 6,095,00 from the injured party’s agricultural bank account (D) in the name of the accused and acquired it by fraud.

2. On April 3, 2008, the Defendant: (a) at the new branch in the Nam-dong, Nam-gu, Chungcheongnam-gu, Seoul Special Metropolitan City on April 3, 2008, the Defendant was in an economically difficult situation, such as bearing a debt equivalent to approximately KRW 29 million; and (b) taking out money from the victim E, with a rise in the price of materials, and thus, he/she did not have an intent or ability to repay that money; (c) the Defendant did not have an intention or ability to repay that money; and (d) the Defendant would have to repay that money within 15 days if he/she loaned the money to the Defendant as he/she had not been paid for using the human resources at the

‘Falsely speaking, it received KRW 17,000,000 from the injured party to the above account and acquired it by fraud.

Summary of Evidence

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

1. Each statement made by the police in the statement of E and C by each police officer;

1. Entry of a loan certificate, a detailed statement of transaction in passbook, and a written format of output;

1. Previous convictions in the judgment: The results of inquiry about criminal history, reports on the previous convictions of the disposition and the results of confirmation of the previous convictions of the judgment, etc., and each of the Acts and subordinate statutes described in the judgment (Seoul District Court 2015No. 2058) shall be applied 1.

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