(영문) 전주지방법원 2015.04.24 2014고단2211

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자간(%)

(영문) 전주지방법원 2015.04.24 2014고단2211

사기

Text

A defendant shall be punished by imprisonment for one year.

However, 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

In June 2013, the Defendant entered into a construction contract with the Defendant and entered into a point with the victim C, while the Defendant was in a state of bad credit standing from around 2004 to around November 2013. In fact, even if the Defendant had not been able to receive a loan from financial rights, including the Jeonbuk-gu Bank, and even if having not been able to pay the funds to the victim, it was unclear whether the Defendant would not be able to pay the funds. However, even if the Defendant was in the state of being able to do so, the Defendant’s false statement stating, “The Defendant would have the victim pay the construction cost two months after the completion of the construction work by entrusting the interior work at the “E” construction site located in Jeonjin-gu, Seoul Special Metropolitan City, and then paid the funds to the victim, which is equivalent to the amount of the construction cost, from June 26, 2013 to November 26, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Reporting on investigation (Submission of suspect data);

1. Application of Acts and subordinate statutes to two parts of the detailed statement of disbursement of construction expenses, president of the business place, president of the business place, and copy of the register of the business place (F building No. 302 and 303);

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

2. Article 62 (1) of the Criminal Act (The following consideration given to the defendant in favor of the sentencing).

3. The reason for sentencing under Article 62-2 of the Social Service Order Act is that the amount of damage caused by the instant crime exceeds a considerable amount, and that the Defendant committed the instant crime of the same kind again at the time when the period of suspension of execution has passed since the Defendant was sentenced to imprisonment for the same crime, and was still unable to recover a considerable portion of the amount of damage, etc., is disadvantageous to the Defendant.

However, the defendant admits the crime of this case.

참조조문

-형법 제62조 제1항

-형법 제62조의2

-형법 제347조 제1항

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