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(영문) 인천지방법원 2014.05.15 2013고단7724
사기
Text

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

Around October 12, 2012, the Defendant made a false statement to the Defendant that “The Defendant would pay the construction cost to the Defendant at the time of completion of the construction of the steel framed construction of the G building in the Banyang F, at the time of the completion of the construction.”

However, the defendant did not have the intention or ability to pay the construction cost even after the victim completes the construction work.

Nevertheless, on November 2012, the Defendant had the victim complete the construction work equivalent to KRW 2,5890,00,000, market price of the first police officer.

In this respect, the Defendant acquired pecuniary benefits by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes to the complaint;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] General Fraud (less than KRW 100,000) and where considerable damage has been recovered from mitigation area (one month to one year) [Special Mitigation] [Determination of Sentence] all of the facts of the crime committed by the defendant, the defendant is against all of the fact of the crime, the defendant has no criminal record for the same kind of crime, the circumstances of the crime, age, character and conduct, etc. shall be determined as per the order

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