사기
A defendant shall be punished by imprisonment for four months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Punishment of the crime
On April 20, 2018, the Defendant was sentenced to six months of imprisonment and two years of suspended execution due to fraud, etc. in the branch court of Busan District Court, which became final and conclusive on April 28, 2018.
The defendant is the representative of the "C" as a gold-type design manufacturing business entity located in Gangseo-gu Busan Metropolitan Government B.
On July 2017, the Defendant would pay 50% of the face value for the delivery of parts to the victim E through the employees D, and 50% of the remainder after the two months.
The phrase “ makes a false statement.”
However, in fact, the Defendant was obligated to pay approximately KRW 430 million, and the Defendant was unable to pay the principal and interest on the loan due to the difficulties in corporate financial circumstances, such as failure to pay the principal and interest on the loan, and thus, there was no intention or ability to pay the amount even if the parts were to be supplied from the injured party.
On July 9, 2017, the Defendant: (a) by deceiving the victim; and (b) obtained the delivery of parts equivalent to KRW 6,900,00 from the damaged party; and (c) obtained the delivery of parts equivalent to KRW 17,190,00 in total, including parts equivalent to KRW 10,290,000, around July 18, 2017.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. Details of transactions and an electronic tax invoice;
1. Previous convictions in judgment: A reply to inquiry, such as criminal history, report on investigation (Attachment to the previous convictions and the judgment), application of the text of the judgment;
1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;
1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:
1. On the grounds of sentencing under Article 62(1) of the Criminal Act, the crime of this case is committed by deceiving the victim and obtaining the delivery of parts equivalent to KRW 17190,00,00 in total, which is disadvantageous to the defendant, and is against the defendant's recognition of the crime of this case, the agreement with the victim, and the principle of equity with the case where the judgment is to be rendered simultaneously with the final judgment.