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(영문) 의정부지방법원 2015.10.26 2015고정1829

사기

Text

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

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

Reasons

Punishment of the crime

On February 2, 2014, the Defendant stated that “The Defendant would pay the price at the same time as the delivery of drain plates to our company upon delivery of drain plates to the victim E at the D office operated by himself in Dongbcheon-si, Dongbcheon-si.”

However, at the time of the Defendant’s personal debt was approximately KRW 1.5 billion, the company’s debt was about KRW 3.4 billion, and was in preparation for the individual rehabilitation procedure, and did not have the money to pay to the victim at the same time as the delivery.

Nevertheless, in order to receive goods from the victim, as if the Defendant could immediately be able to conceal such fact and immediately pay money from the delivery of the goods, the Defendant deceptioned the victim, and received a penalty equivalent to KRW 6.6 million from the victim around March 12, 2014, and received a penalty equivalent to KRW 6.5 million from the victim around March 31, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A statement of trading, etc.;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting a crime and Article 347 (1) of the Selection of Fine;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;