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(영문) 대구지방법원 2012.11.08 2012고단3556

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant is a person who operates D, which is an electricity wholesale and retail company in Daegu Jung-gu, Seoul.

On October 29, 2010, the Defendant made a false statement to the (ju) E representative director F, who is the victimized company, that “if the electric equipment is supplied, the payment will be made.”

However, the Defendant did not have any intent or ability to pay the price of the electric power equipment, even if the promissory notes issued to the previous transaction partner due to the use of the bonds at the time, etc., and the management conditions have deteriorated, were presented on the payment date, and even if they were not presented on the payment date, they were unable to pay the price for the electric power equipment, such as electric cables, cables, or light lamps.

Around that time, the Defendant received, from the victimized Company, all equipment and materials equivalent to KRW 130,182,02 of the market price, all equipment and materials equivalent to KRW 10,078,849 of the market price, all equipment and materials equivalent to KRW 29,056,592 of the market price, all equipment and materials equivalent to KRW 30,927,645 of the market price, all equipment and materials for construction work equivalent to KRW 30,927,645 of the market price, and all equipment and materials for construction work equivalent to KRW 9,65,167 of the market price.

Accordingly, the Defendant, by deceiving the damaged company, received property equivalent to KRW 209,90,275.

Summary of Evidence

1. The defendant's legal statement (the second date);

1. A protocol concerning the suspect examination of the accused;

1. Statement by the prosecution against G, F, H, and I;

1. A complaint;

1. A copy of each malicious bill;

1. The monthly status and the president of each business partner and the payment of funds;

1. The credit information inquiry report on the cream tower;

1. A list of transactions by account;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. The pertinent provision of the criminal facts and the reason for the sentencing of Article 347(1) of the Criminal Act regarding the choice of punishment [decision of type] In general fraud, the amount of profit from fraud is at least KRW 100 million, and the amount of profit from fraud is less than KRW 500 million (type 2] [special-purpose person] [decision of the recommended field] mitigated area (decision of the recommended area] mitigated area (decision of the recommended area] [the scope of sentence of punishment] mitigated area (decision of recommendation range] mitigated area (decision of punishment between October and two years [general person] criminal punishment.