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(영문) 인천지방법원 2018.05.25 2018고정1046

사기

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who has been engaged in gold-type manufacturing business under the trade name of "C" in Nam-gu Incheon Metropolitan City.

The Defendant did not have any intent or ability to pay the price even if he was supplied with the gold mold, which is a gold mold, from the victim's special lecture of Sungsan Co., Ltd., due to a large amount of the liabilities of foreign trade companies and the employees' wage obligations.

Nevertheless, on September 21, 2016, the Defendant supplied the damaged Company with 's Madrid bees' at the above C Office and made a false statement to the effect that the Defendant would make the settlement of the price in the following month.

The Defendant, as such, by deceiving the damaged company, received from the victimized company a delivery of the amount equivalent to KRW 2.750,000 from the victimized company, and received from the victimized company the delivery of KRW 8.140,000 on October 17, 17 of the same year, and KRW 3.190,000 on October 28 of the same year, and obtained the delivery of the same amount as KRW 14,080,00.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes concerning a complaint, statement of customers, and transaction;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;