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(영문) 창원지방법원 2013.09.27 2013고단1442

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 December 2, 2011, the Defendant was sentenced to a suspended sentence of one-year imprisonment at the Busan District Court for fraud, and on December 10, 201, the judgment became final and conclusive on December 10, 201, and on June 12, 2012, the Defendant was sentenced to a suspended sentence of six-month imprisonment at the Busan District Court for fraud, and the judgment became final and conclusive on June 20, 2012.

The defendant is a person who operated C Co., Ltd. in Hanam-gun, and at the time, the above C did not have the intent or ability to pay the price even if it was supplied with goods to others in the actual condition immediately before the bankruptcy due to the transaction partner's liabilities, financial rights obligations, etc.

Nevertheless, on April 2009, the Defendant: (a) falsely stated that the victim D, who had been engaged in belinging, retail business, at the office of the said C Co., Ltd., would pay the price in full by July 31, 2009; and (b) was supplied with beling equivalent to KRW 4,400,000 for the first patrol officer on May 2009; and (c) obtained a beling of the sum amounting to KRW 18,128,000 for the first patrol officer on June 2009.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's office and the police's statement concerning D;

1. Complaint;

1. A copy of each tax invoice and a general repayment plan;

1. Before judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (a copy of judgment attached);

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

2. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

3. Article 62 (1) of the Criminal Act (Consideration of sentencing)

4. Considering that the amount of damage from sentencing under Article 62-2 of the Social Service Order Criminal Act is not so significant and that it does not reach an agreement with the victim, it is necessary to strictly punish the accused.

However, Article 37 of the Criminal Act and the crime of this case, which is recorded in the first head of the crime of this case, shall be committed by the defendant who led to the confession of the crime of this case and is in profoundly against the defendant.