(영문) 서울서부지방법원 2014.05.16 2013고단2076

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(영문) 서울서부지방법원 2014.05.16 2013고단2076

사기

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A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 21, 2012, the Defendant concluded a contract with the victim at the new construction site of Kimcheon-si, Kimcheon-si, and concluded a contract with the victim, the Defendant stated that “The contract amount is KRW 40 million with the progress payment at the time of completion of 642 million, and the contract amount is paid at KRW 80 million with the progress payment at the time of completion of concrete of the pel structure, and KRW 10 million with the completion of concrete of the pel structure, shall be paid at the time of completion of concrete of the pel structure, KRW 10 million at the time of completion of concrete of the pel structure of the pel structure, and payment

However, the Defendant entered into a contract for construction work with the owner of the building and KRW 370 million, and subsequently concluded a contract for construction work with the owner of the building and KRW 642 million. Upon completion of the construction work with the owner of the building and the owner of the building, the Defendant agreed to perform a prompt credit construction work to be paid the construction cost through sale and loan. At the time of completion of the construction work, the personal debt amounted to KRW 25 million, so there was no intent or ability to pay the construction cost accordingly even if the victim completed the construction work in accordance with the agreement.

Nevertheless, the Defendant did not pay 68,080,000 won for the construction work even after the Defendant had the victim complete the 1 and 2nd floor of the above loan.

Summary of Evidence

1. Legal statement of witness D;

1. A protocol concerning the suspect examination of the accused;

1. Statement of D police statement;

1. Details of the payment of the contract, the payment of the contract, and the application of statutes;

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. Article 62 (1) of the Criminal Act (Article 62 (1) of the suspended execution (Article 62 (1) of the Criminal Act (Article 62 (1) that the injured party does not want the punishment of the accused by mutual consent with the accused, and all conditions of sentencing

참조조문

-형법 제62조 제1항

-형법 제347조 제1항

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