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(영문) 수원지방법원 성남지원 2016.08.24 2015고단3132

사기

Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 2, 2014, the Defendant made a false statement to the effect that “The Defendant would pay the victim F who is engaged in the business of manufacturing electronic displays with the trade name “E” at the office of the Defendant (State) in Seongbuk-gu, Seongbuk-gu, Sungnam-gu, Seoul Special Metropolitan City, to the representative director of the electronic sign board manufacturing company and the lighting fixture manufacturing company (State) and the victim F who is engaged in the business of manufacturing electronic sign boards at the office of the Defendant (State).”

However, at the time of fact, the real estate owned by the defendant or (state) and (C) was set up a collateral security, while there was no particular value of property. However, even except the above collateral debt, the debt owed by the transaction company and the debt such as the borrowed amount reached approximately KRW 900 million, and the financial situation has also been very difficult, and there was no ability or intent to pay the installation amount properly because it was a situation in which funds are prepared and operated by means of lending credit cards (cash service, card loan) or reporting tin card, etc. due to financial difficulties.

As such, the Defendant: (a) by deceiving the victim; (b) had the victim from February 2, 2014 to September 2014, 2014; (c) had the victim produce and install electronic display boards in front of G, H and C, but did not pay 21,835,422 won out of the total amount of KRW 174,515,000; and (d) did not pay the remainder of KRW 152,679,578; and (c) obtained pecuniary benefits equivalent to the same amount of KRW 152,578.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police with regard to F;

1. Written estimates and details of E transactions;

1. Application of investigation reports (including details of account transactions inC and certified copies of register) (applicable to statutes;

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

1. The reason for sentencing of Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of the recommended sentence] is the case where the act of deception is committed intentionally or the degree of deception is weak. In the case where the case where the act of deception is committed intentionally in the area of special mitigation (one hundred million won or more, and five hundred million won or less), the special mitigation area (one to two to six months), the special mitigation area (one to two years), or the extent of deception is weak.