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(영문) 인천지방법원 2018.03.08 2017고단8710
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On March 2016, the Defendant made a false statement to the victim D’s “E” operated by the victim D in Seosan-si, Seosan-si, stating that “The Defendant would make payment after the completion of ductal construction upon the supply of construction materials to the construction site.”

However, the Defendant had been in bad credit standing from around 2001, and even if he received construction materials from the damaged party due to the amount of debt of KRW 50 million, he did not have the intent or ability to pay the cost of construction materials to the injured party.

On March 10, 2016, the Defendant was supplied from the injured party with the strings, pumps, halfs, etc. equivalent to the market value of KRW 975,00.

In addition, the Defendant, by deceiving the victim, was provided with construction materials equivalent to KRW 134,790,000 from March 10, 2016 to January 20, 2017, as shown in the list of crimes, from around 188 to around 188 times.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. Investigation report (to be submitted by a complainant), investigation report (to the counter-investigation of the president of the G company, other than a case), investigation report (to the counter-investigation of the J of the I company, other than a case);

1. Application of Acts and subordinate statutes to transaction specifications, respective payment confirmations, and confirmations;

1. The reason for sentencing of Article 347(1) of the Criminal Act and Article 347(1) of the Selection of Punishment Act [the scope of recommending punishment] No person who does not have a basic area (10 million won or more, or less, 500 million won) (1 to 4 years) of the type 2 (100 million won or less) [the decision of sentencing] [the amount of damage exceeds 100 million won and is not agreed with the victim, so the defendant is sentenced to the sentence, and the defendant is against himself, and the defendant has been paying 33 million won out of the amount of damage, and the defendant has been paying 333 million won in the future, and the defendant has paid 333 million won out of the amount of damage, and the defendant has been paid 15 years before and after the same offense, and the defendant has been sentenced to a lower sentence by exceeding the scope of the recommended sentence in consideration of the fact that the defendant seems to have caused the funds in the process of performing various works.

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