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(영문) 대구지방법원 김천지원 2017.06.21 2016고단1474

사기

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is a person who operates D Co., Ltd. in the old and American City C.

The Defendant, despite the fact that the above D was in a state of financial standing, and even if the Defendant had been provided with meat from the victim E due to poor financial standing such as a debt worth of approximately KRW 1.5 billion, he/she obtained the victim’s payment of the price, he/she obtained the victim’s payment of the price at the above D office around November 2015, by means of false statement to the effect that “the Defendant would pay the victim the price on the high seas.” On November 16, 2015, he/she supplied the victim with each of the above D items equivalent to KRW 7,394,329, such as the cost of the Plaintiff’s Soviet, the amount of KRW 7,394,329, such as the cost of the damage from the damage, the amount of KRW 12,022,651, the amount of KRW 6,297,298,188, around the 18th of the same month, from the damage.

Summary of Evidence

1. Each legal statement of witness E and F;

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes to the complaint;

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

1. Reasons for conviction under Article 62(1) of the suspended execution of the Criminal Act (hereinafter “Suspension of Execution”) ① A around November 2015, when the Defendant was supplied with the instant land from the injured party, D Co., Ltd. operated by the Defendant had a accumulated amount of 30 million won monthly average due to fixed expenses. The accumulated amount of debt to the bank was 1.2 billion won loans and outstanding amounts to the bank, 40 million won loans to individuals and traders, and 5.6 million won in total, and the amount of wages and retirement allowances to employees was 1.56 million won in total, while the amount to be collected was 20 million won in total, the amount to be collected was 20 million won in total. In particular, since there was a rapid decline in the company’s request for auction of a factory building among trading enterprises around that time, it appears that there was little possibility that the above amount would have been supplied from the injured party immediately after being supplied with the land. < Amended by Act No. 15148, Dec. 15, 2015>