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Reasons
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(영문) 대전지방법원 서산지원 2014.07.24 2014고단393
사기
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A defendant shall be punished by imprisonment for not more than ten 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 March 29, 2007, the Defendant entered into a contract with the Victim B to newly construct pentan-gun and one parcel of land, 24 million won on October 31, 2007, and as of October 31, 2007, the date of completion, between the Defendant and the Victim B, and had the intent or ability to construct penta-gun on the date of completion of the contract.

However, in fact, the Defendant had an obligation to pay approximately KRW 80 million at the time, and from around 2006, he was unable to pay the employee’s wages, and was paying the debt incurred at another construction site by the so-called return method according to the profits accrued from that time, and thus, there was no intention or ability to complete the construction work normally even if the Defendant received the construction payment from the victim.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 45 million from the victim, to the Agricultural Cooperative Account in the name of the Defendant’s employee D around March 29, 2007, and KRW 30 million to the Agricultural Cooperative Account in the name of the Defendant’s employee E around May 15, 2007, KRW 55 million to the same account in the name of E around May 25, 2007, and around June 1, 2007, respectively.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. B accusation;

1. Application of Acts and subordinate statutes to a copy of passbook receipt, a copy of each letter, and a certified copy;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] General Fraud (at least KRW 100,000, less than KRW 500,000) [10,000] mitigation area (at least 100,000 won to KRW 50,00) [Special Mitigation], or where considerable damage was recovered [decision of sentence], Defendant received total of KRW 175,00 from the victim without the victim’s intent or ability to construct a penure from the victim’s money, and 4.

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