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(영문) 창원지방법원 2018.08.22 2017고단4365

사기

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 24, 2015, at the victim D office located in Gangseo-gu Seoul Metropolitan Government around March 24, 2015, the Defendant would supply F Company name to E, the actual operator of the victim, “I will supply F Company name to F, which was printed and produced to deliver to F, but failed to deliver.

“The purpose of “ was to make a false statement.”

However, in fact, the defendant requested G to purchase the Maom manufactured in D from the previous to the F purchasing entity, but it is not possible to purchase the said Maom because the trade name of F is expected to be changed.

“Inasmuch as the state was rejected to the effect that “,” there was no intention or ability to receive the price by normally supplying it to F even if it was received from the injured party.

The defendant deceivings the victim as above, and is in the market value on the same day from the victim, the defendant shall do so, and shall be in 500 km

200 c. 1,000 g

100 delivereds. 100 delivereds.

Summary of Evidence

1. Partial statement of the defendant;

1. Witness G and E’s legal statement;

1. H statements;

1. Application of Acts and subordinate statutes on the issuance of tax invoices, specifications of transactions, calculation of a tonnage cost, and written import declaration;

1. Relevant legal provisions concerning facts constituting an offense and Article 347(1) of the Criminal Act (Selection of Imprisonment with prison labor) (Article 347(1) of the Criminal Act regarding the selection of punishment (Article 34 of the Criminal Act) (Article 34 of the Criminal Act provides the defendant, even if he/she was issued a marina from the injured party, that the defendant supplied it to the F at normal price of new goods and was unable to have the intent and ability to pay the price to the injured party; however, it can be recognized that the defendant, by deceiving him/her as if he

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommended punishment] The basic area [the sentence] of Type 1 (less than KRW 100 million) of the General Fraud from June to June of the same year, which belongs to the deception of this case, as it is possible to deliver the victim normally to F.