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(영문) 부산지방법원 서부지원 2019.09.26 2019고단1422

사기

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On May 2, 2018, the Defendant concluded that “The Defendant would supply steel products to the victim C, a steel company with a high trading credit level, to pay the price without molding it by the end of the following month, through B, which was known to the ordinary level of Pyeongtaek around May 2, 2018.”

However, in fact, the Defendant received steel products at a low price while living expenses, etc. at the time, and made a false statement that the Defendant would receive steel products at a low price to prepare cash, and that the Defendant would supply the products to D with a high credit in the steel industry and pay the price without paying the price. However, in fact, D would cause a trade to cause the supply of steel products at a low price to be traded. Therefore, even if receiving the price of steel products from D, etc., there was no intention to pay it to the victim.

As such, the Defendant, by deceiving the victim, was supplied by the victim with steel products worth KRW 374,649,93 on May 7, 2018, KRW 113,691,60 on June 11, 2018, KRW 53,183,856 on June 14, 2018, and KRW 53,829,006 on June 29, 2018.

It was revised ex officio according to facts obtained through the examination of evidence without the amendment process to the extent that it does not disadvantage the defendant's defense right.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol concerning B;

1. Statement by the prosecution against C;

1. E statements;

1. Investigation report (to hear statements from D representative F);

1. Application of the Acts and subordinate statutes to report on investigation (where submitted to the victim C);

1. The relevant Article of the Criminal Act and Article 347(1) of the Criminal Act ( comprehensively taking into account, the grounds for sentencing of imprisonment) concerning the crime;

1. Scope of punishment by law: Imprisonment with prison labor for not more than ten years;

2. The scope of recommending punishment according to the sentencing guidelines [the range of recommending punishment] shall be the basic area (the range of recommending punishment and the range of recommending punishment], the basic area of which is not less than 100 million won, and less than 500 million won, and 1 to 4 years.

3. Determination of sentence: The defendant shall be punished by imprisonment with prison labor for two years.