(영문) 창원지방법원 2015.11.25 2015고단879

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(영문) 창원지방법원 2015.11.25 2015고단879

사기

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A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On May 17, 2011, the Defendant made a false statement to the victim E that “When completing the H factory steel construction work in the Changwon-si, contracted from F, the Defendant would pay KRW 50 million in total.”

However, the Defendant, who received a contract from F, has not been 485 million won in total. The Defendant, upon receiving the construction cost from F, thought that it would be used for an individual purpose, so that the Defendant did not have the intent and ability to pay the price even if the Defendant completed the construction work.

As above, the Defendant, by deceiving the victim as above, had the victim complete the steel frame construction from the victim, paid KRW 185 million, and did not pay the remainder KRW 300 million, thereby acquiring property benefits equivalent to KRW 300 million.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to the prosecution of I;

1. The police statement to J and K;

1. Investigation report (Attachment of e-mail statement by the complainant);

1. Application of construction work standard contract, certificate of deposits without passbook, construction work standard contract change contract, and Acts and subordinate statutes concerning details of savings deposit transactions;

1. The reason for sentencing of Article 347 (1) of the Criminal Code of the pertinent Article of the Criminal Act for the crime [the scope of recommendations] of the punishment of general fraud [the scope of punishment] and the basic area (one to four years) of the type 2 (at least KRW 100 million, and less than KRW 500 million) [no person with a special punishment] [the decision of a sentence] is large and considerable amount of fraud has not been recovered even though considerable time has passed, the defendant's liability for the crime is heavy in light of the fact

However, in consideration of the fact that the defendant's mistake is recognized, the defendant has no criminal records of the same kind, and other various sentencing conditions such as the age and environment of the defendant, the punishment as the order shall be determined and the decision to suspend the execution of detention shall be maintained as it is considering that the defendant's health conditions

참조조문

-형법 제347조 제1항

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