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(영문) 제주지방법원 2020.10.21 2019고단2685

사기

Text

A defendant shall be punished by imprisonment for not less than eight 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

The Defendant stated that, around April 1, 2018, the victim D, who is the representative B, engaged in cargo transport business, operated by the victim D in Seopopo-si, Seopo-si, Seopo-si, that “B shall terminate transactions with the F Company and jointly decide on the capital of the F Company and establish a new corporation (G), and that it would pay the oil payment after October as it is difficult for B to pay the oil payment.”

However, at the time of fact, there was almost little sales of the company, and there was no intention or ability to pay the oil price normally even if the company is supplied with oil from the victim because the company's economic market is not good, such as the failure to pay the additional insurance premium for employees.

As above, the Defendant, by deceiving the victim as above, obtained the victim from the victim, through a total of KRW 72,733,010 from April 2, 2018 to October 31, 2018, and acquired the victim by deception.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement related to D B gas supply table;

1. Application of statutes on information on arrears, details of attachment, details of decision on collection, and details of collection;

1. Although there are criminal records identical to the defendant for reasons of sentencing under Article 347(1) of the Criminal Act, Article 62(1) of the Criminal Act of the suspension of the execution of the sentence of imprisonment option, the defendant's intention seems to have been incomplete, the defendant's intention seems to have been incomplete, the defendant's reflects the defendant's age, character and conduct, family relation, environment, circumstances and results of the crime, and other circumstances shown in the arguments of this case, including the defendant's age, character and conduct, family relation, circumstances after the crime, etc., shall be