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(영문) 광주지방법원 순천지원 2015.10.30 2015고단1042
사기
Text

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

Around 09:00 on January 26, 2010, the Defendant made a false statement to the victim D’s house located in 200,000, stating, “I will complete the 30 square Slive Slive house into 3 months, with the remainder of KRW 20 million in the down payment, KRW 20 million in the intermediate payment (H beam) and KRW 10 million in the intermediate payment (the intermediate payment) and KRW 10 million in the middle payment (the intermediate payment).”

However, even if the defendant receives the construction cost from the victim, he thought that he would use the house as the cost of the project that was received before the completion of the construction without the intention of completion, and actually received money from the victim and used money in another construction site.

The Defendant, as such, by deceiving the victim, received a total of 20 million won as down payment from the victim, namely, KRW 20 million as down payment, and KRW 40 million as part payment on February 22, 2010.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of recommending punishment] and the reason for sentencing under Article 62-2 of the Social Service Order has no basic area (6 to 100 million won) (6 to 16 months) (the decision of sentence] and significant progress of construction (the decision of sentence), the amount useful at another construction site is about 10 million won and the amount repaid is about 10 million won, and the primary offender is determined as the same type of order.

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