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(영문) 대전지방법원 2016.03.24 2015고정1838

사기

Text

Defendant shall be punished by a fine of KRW 3,500,000.

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

Reasons

Punishment of the crime

On May 2, 2015, the Defendant was sentenced to 8 months of imprisonment with prison labor for occupational embezzlement, etc. at the Daejeon District Court on May 2, 2015, and that judgment became final and conclusive on October 1, 2015.

The Defendant, under the trade name of “C,” was a person who was engaged in the sales of medical equipment by taking care of Daejeon and Chungcheong hospital.

On February 25, 2014, the Defendant: (a) prepared a contract with the victim G business employees H, Inc., the victim G business employees H, which was operated by F, to purchase the product name density diagnosis machine, model name Dpxx-Bravo 1 to set up in the E convalescent; and (b) made a false statement to the effect that the price would be paid in the future.

However, in fact, even if the victim G Co., Ltd. established a framework diagnosis density at the E hospital, the defendant did not have any intent or ability to pay the price to G because the personal debt at that time was equivalent to KRW 86 million.

As above, Defendant G, Inc., a victim G, by deceiving H, had the victim G installed a pel density at the E hospital the above 22 million won.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A contract, a sales contract, or a certificate of underwriting;

1. Previous convictions: Court rulings, application of Acts and subordinate statutes to search cases by the Supreme Court;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment shall be determined by taking into account the fact that the Defendant repaid KRW 3 million to the victim, and the equity with the case where the said judgment was rendered simultaneously with the case where the said judgment became final and conclusive.