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(영문) 대구지방법원 2018.11.15 2018고단3138

사기

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant operated D, a supplier company, such as computer peripheral devices, in Daegu Dong-gu B building C, and the victim E, a company that provided a copy to the defendant.

On December 2, 2016, the Defendant entered into a contract with the employee in charge of the victim's name in charge of the business to supply the F Center under Daegu-gu Viewing Center with a blade output.

The government stated that the goods will be supplied by the Center at the site of the supply, and that the payment will be made.

However, in fact, the Defendant had no particular property at the time, and there was a person who had the obligation to pay KRW 10 million in the month of the absence of sales, and the company had no intent to pay the price normally even if it was supplied with the goods from the damaged party in 200 million won in the state of capital erosion, even if it was supplied with the goods from the damaged party in 2016.

Ultimately, on December 27, 2016, the Defendant entered into a contract with the victim to supply 418,00 won (a total of 17,518,000 won) to the center in the amount of KRW 73,70,000,00 for the combined digital high-speed output of D125 digital high-speed output; and (b) on January 13, 2017, the Defendant paid 103,400,000 won for the former center; and (c) on January 20, 2017, the Defendant paid 103,40,000 won for the former center without having the victim establish the center; and (d) paid 20,000 won for the operation expenses of the center to the victim; and (e) paid 16,306,200,000 won for the former metropolitan City. < Amended by Act No. 15173, Feb. 16, 2017>

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

Summary of Evidence

1. A protocol concerning the examination of partially the accused by the prosecution;

1. Investigation report (attached to complainants, interviews with suspects, statements on the financial status of the company, statements on profits and losses, etc.);

1. Application of Acts and subordinate statutes to the complaint (including attached data);

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. Article 62 of the Criminal Act: