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(영문) 서울북부지방법원 2017.05.18 2016고단5048

사기

Text

Punishment of the defendant shall be 6,00,000 won.

When a fine is to be paid, it shall be confined in a workhouse for 60 days.

Reasons

On January 1, 2016, the Defendant stated that “If you send the products hiped by a fluor produced by the No.S. Co., Ltd. Co., Ltd. Co., Ltd., Ltd., the Defendant would pay the price without cash mold to D by telephone at the office of the Defendant, which was operated by the Defendant in Yangsan City Co., Ltd., Ltd.,”

D) Around February 1, 2016, around 1, 2016, L-PLUS products 189 (one 31,000 won), around February 2, 2016 (KHN products) products 189 (one 25,000 won), and around February 15, 2016 (KHN products) products 189 (one 25,000 won) products.

However, around that time, the Defendant had not received goods from other companies at least KRW 300 million, and from October 2015, the presentation of the current check issued under the name of repayment of borrowed money was made from February 2016.

Therefore, even if the goods received from D are sold, it was inevitable to be used first in the settlement of the check, and there was no intention or ability to pay the price of the goods normally.

The defendant, by deceiving the victim D, obtained the 16,839,90 won of the 16,839,90 won.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Article 347 (1) of the Criminal Act, which provides for the legal provisions on criminal facts;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Recognition of errors in the determination of punishment under Article 334(1) of the Criminal Procedure Act in the provisional payment order;

It is not proper to recover damage, and it is not good to commit a crime because it received an article with the knowledge that it is difficult to pay it.

There are several criminal records, 11 times of fine, 2 times of suspended execution, and 1 times of imprisonment.

The court's decision is pending in the Suwon District Court due to the default of the party check issued in the course of the poor operation of the project.