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(영문) 부산지방법원 2016.03.10 2015고단7983
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[Criminal Records] On January 14, 2016, the Defendant was sentenced to imprisonment with prison labor for fraud at the Busan District Court on the 22th of the same month, and the above judgment became final and conclusive.

[2] On September 9, 2013, the Defendant concluded a contract for G interior works with the victim and its total construction cost of KRW 127 million, and the commencement date of construction work on September 1, 2013 with the victim and its total construction cost of KRW 127 million, and October 17, 2013 with the completion date.

However, in fact, the Defendant had no intention or ability to pay the price normally as agreed upon by the injured party even if the injured party completes the interior work, because the Defendant was in an unreasonable and unreasonable way to lend a number of 00 million won in money from the branch or financial institution at the time.

As above, the Defendant: (a) induced the victim; (b) had the victim take part in the construction work from September 1, 2013 to October 2013, 2013; and (c) had the victim take part in the construction work from around September 1, 2013 to around December 2013; and (d) did not pay the price; and (b) acquired pecuniary benefits equivalent to the same amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A complaint, a contract for construction works, an additional contract for construction works, and a statement of payment for construction works;

1. Previous convictions: Inquiries about criminal history, reporting of investigation (Attachment to a criminal suspect's judgment, etc. by the court of first instance), application of Acts and subordinate statutes regarding summary information of the case;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense. Article 347 (1) of the said Act

1. The latter part of Article 37 of the Criminal Act: Provided, That it is a series of cases that occurred at the same time as the judgment on the reason for sentencing under Article 39(1) becomes final and conclusive after having been sentenced to a punishment for two years and eight months, the fact that the victim has agreed with, and all of the crimes are committed against each other;

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