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Reasons
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(영문) 수원지방법원 성남지원 2013.08.30 2013고단1484
사기
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A defendant shall be punished by imprisonment for six months.

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

On or around September 23, 2012, the Defendant reported about KRW 40 million to the enemy due to the installation of solar heating hot water supply facilities in the Gyeonggi-si and Seowon Hongcheon-gun, which was subcontracted by the Prior Korea Co., Ltd. at the time, and the Defendant had been liable for approximately KRW 200 million due to the installation of solar heating water supply facilities previously conducted, so even if the Defendant was awarded a contract for installation of solar heat supply facilities by the victim C operating the Co., Ltd, the Defendant did not have any intent or ability to proceed with it, even though he was unable to receive such contract from the victim C, the Defendant was unable to use the phone phone for the installation of solar heating water supply facilities. As there was no name of business registration in order to make the Defendant enter into a subcontract for construction work under the name of the Prior Korea Co., Ltd. and then complete the construction work under the name of the Seocho-gu Co., Ltd., Ltd., by December 31, 2012, the Defendant received advance payment from the Prior Korea Co., Ltd., Ltd., Ltd. to the effect 160.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. A copy of each contract, a letter of performance for the payment of advance payment, and a certificate of transfer;

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. Article 62 (1) of the Criminal Act;

1. Although the reason for sentencing under Article 62-2 of the Social Service Order Act was not restored, the defendant was committed at the time of committing the crime, and there was no criminal record of punishment for the same kind of crime, and the amount of defraudation of this case shall be considered.

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