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(영문) 대구지방법원 김천지원 2014.04.16 2013고단1880
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

At around 20:00 on October 12, 2009, the Defendant made a false statement to the victim B, “The Defendant will complete the interior interior interior interior interior interior interior interior interior interior and remodelling work of the apartment, if it is a week, with the price of 18 million won.”

However, in fact, the Defendant had no intention or ability to complete the construction work within the agreed date because the Defendant had been willing to use the construction cost received from the victim to pay the outstanding amount to other trading companies.

The Defendant, by deceiving the victim as above, received KRW 10 million from the victim to the Agricultural Cooperative account under the name of the Defendant as the down payment around October 15, 2009, and transferred KRW 6 million as the intermediate payment around the 16th of the same month, and KRW 1 million as the intermediate payment around the 25th of the same month, respectively, in the same account on or around the 29th of the same month, and received KRW 18 million in total from the account in the name of E designated by the Defendant as the expenses for the installation of Washington around the 29th of the same month.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol protocol law to B

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

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

1. Social service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing [the determination of types] below KRW 100 million (special-purposes] below the general fraud [the special-purposes] of Article 32(1)3 and (2) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits, etc. of Dismissal of Application for Compensation Orders - In a case where the commission of deceptive act is committed intentionally or the degree of deceptive act is weak (the determination of the recommending area and the scope of recommendations): Reduction area; 1-1 year [whether suspended execution is suspended] - Major reasons: Unagreement - Major pride reasons: Where the substantial damage is considerably small: general unjust reasons:

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