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(영문) 창원지방법원 2019.10.17 2019고단993

사기

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On September 2018, the Defendant told the victim E to the effect that “The Defendant would pay the price by the last day of the following month after the completion of the operation of the cutting-off equipment with the cutting-off equipment at the low temperature warehouse construction site for D agricultural products in the Kimhae-si, which was performed by the Defendant in the first week (State) operated by the Defendant.”

However, the above company did not have an intention or ability to pay the amount on the date of the promise even if the defendant had the victim to perform the excavation work because there is no special property or income equivalent to KRW 500 million.

As above, the Defendant deceivings the victim as above, and its equipment from September 5, 2018 to the victim.

9. From August 2, 2018 to the above construction site, the victims did not make payment of KRW 3080,000 to the above construction site and did not pay the above price of KRW 3080,00,000, and did not make a total of seven times from the above date and time to November 26, 2018 and did not pay the victims a total of KRW 10,830,000,000 of the price.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Each complaint;

1. Application of each tax invoice statute;

1. Article 347 (1) of the Criminal Act and Article 347 (1) of the same Act concerning the applicable criminal facts, the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act requires the determination of the sentence as ordered by taking full account of the following circumstances, including the Defendant’s age, career, character and conduct, motive for committing the crime, and circumstances after committing the crime.

Unfavorable circumstances: The circumstances that are favorable to the fact that the sum of the acquired money of this case is not clear: The confession and reflect, and the victims agree with the victims.