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(영문) 대구지방법원 경주지원 2014.12.24 2014고단270

사기

Text

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

Reasons

Punishment of the crime

On October 22, 2012, the Defendant told the victim D by telephone at the office C located in the Gyeong-si, which he had been operating, to pay the price by the 15th day of the following month if he had supplied the Gohap.

However, in fact, while the defendant did not own property at the time, he did not have any intention or ability to pay the price even if he did not receive any profit from the victim because he did not have any property, but did not have any obligation to pay the price.

As above, the Defendant, by deceiving the victim as above, was supplied by the victim with a total of four times from December 15, 2012 to January 11, 2013, and acquired a joint board equivalent to KRW 42,103,60 in total as shown in the annexed crime list.

Summary of Evidence

1. Defendant's legal statement;

1. Prosecutions and police suspect interrogation records of the accused;

1. Statement of D police statement;

1. Written statements of D;

1. The head of the complaint, the document submitted by the complainant (order for payment, business registration certificate), the investigation report (tax invoices, etc.), each tax invoice and detailed statement of transaction, each statement of entry and discharge, confirmation of entry and discharge, statement of transaction, statement of transaction by account, statement of savings deposit transaction, statement of earned income, list of tax invoices by customer, list of tax invoice by customer, list of tax invoice by customer, electronic tax invoice, list of tax invoice by customer, investigation report (Attachment of a separate decision on indictment against the suspect) (Attachment of a separate decision on indictment against the suspect), case inquiry, non-prosecution decision, investigation report (Attachment of a separate decision on indictment against the suspect) (Attachment of a creditor E head of Tong to verify the debt of the suspect prior to delivery, copy of creditor E head of passbook, copy of each

6. Attachment of a specification of transactions by foreign exchange banks until 30. 30. Mestains (applicable to the details of debt and interest payment, and the application of Acts and subordinate statutes on account transactions by suspects;

1. The provision applicable to the crime and the provision of Article 347(1) of the Criminal Act regarding the choice of imprisonment [the scope of recommending punishment] and the provision of Article 347(1) of the Criminal Act concerning the selection of a sentence shall be agreed upon with the victim in the basic area (6 months to 100 million won) (6 months).