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(영문) 광주지방법원 순천지원 2017.05.10 2016고단1730

사기

Text

A defendant shall be punished by imprisonment with prison labor for three months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From December 29, 2014 to March 31, 2015, the Defendant operated the “D” agency under the name of the husband C, which is the brand of a kitchen product, and was supplied by the victim E operating the same benefiting industry agency with 38,300,000 won, and did not pay 6,300,000 won out of the price to the victim until July 2015.

On July 15, 2015, the Defendant stated that “The Defendant would pay all the outstanding amounts including the existing amounts, as the goods are supplied to the victim and the goods are sold to the owner,” at the foregoing Isan agency operated by the victim of the damage in Ysan-si.”

However, in fact, the defendant committed a debt of KRW 20 million at the time, and most of the proceeds from the sale of goods to be supplied by the injured party are used in paying living expenses and debts, and there was no intention or ability to pay the proceeds even if the goods are supplied by the injured party.

Defendant deceiving the victim as above and was supplied by the victim with goods equivalent to KRW 12,004,30 in total as shown in the annexed crime list from the same day to the 22th day of the same month from the same day.

Accordingly, the defendant was given property from the victim by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to a detailed statement on delivery of products, a written certification, a detailed statement of deposit transactions, and a copy of a certificate;

1. Relevant Article 347 of the Criminal Act and Article 347 of the Criminal Act and the choice of punishment for the crime;

1. The main sentence of Article 62 (1) of the Criminal Act;

1. The grounds for sentencing under Article 62-2(1) of the Social Service Order Criminal Act, the main sentence of Article 59(1) of the Act on the Observation, etc. of Protection, etc. are primary offenders, the Defendant recognized the instant crime and reflects the fact that the damage was partially recovered, and other conditions of sentencing to prevent recidivism shall be determined at least once, taking into account the following circumstances: