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(영문) 수원지방법원 성남지원 2015.12.23 2015고단324

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant is a person who operates a “D” household manufacturing company located in Gwangju City.

On February 20, 2014, the Defendant made a false statement to the effect that “The cost of household materials needs to be paid, so it would first be paid to F, an employee of the victim limited liability company that carries out the said unmanned telecom construction work,” and that it would be supplied by April 10, 2014 to F, who is an employee of the victim limited liability company that carries out the said unmanned telecom construction work.” The Defendant written a written supply contract between F and F to the effect that “To make furnitures, such as beds, cremation, etc., in the unmanned telecom and supply them by April 10, 2014.”

However, the defendant did not have an intention or ability to deliver a household to the victim even if he received a prior payment from the victim due to business difficulties such as default of taxes equivalent to 500 million won including value-added tax at the time of management.

On February 22, 2014, the Defendant received KRW 10 million from the victim as the down payment, and KRW 10 million as the intermediate payment around March 19, 2014, and acquired KRW 20 million in total from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. The household delivery contract;

1. Inquiry into the results of transfer management;

1. Opinion of the suspect in violation of the Punishment of Tax Evaders Act;

1. Application of Acts and subordinate statutes on credit reports;

1. The relevant provision of criminal facts, Article 347(1) of the Criminal Act regarding the selection of punishment, the reason for sentencing of imprisonment with labor does not begin to produce any household at all even after the victim received some of the cost of supplying the household from the victim. The nature of the crime is not good. In addition, it is doubtful as to whether there is an intention of the defendant to pay damages, such as continuing to operate a business by registering the original business in another name after the closure of the business, even if the defendant received an opportunity from the investigative agency to pay damages on several occasions.

Therefore, the defendant will be sentenced to punishment, and the method of deception, fraud.