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(영문) 수원지방법원 안양지원 2018.04.12 2017고단1532

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

The defendant is a person who operates C, a steel product distributor, a corporation.

On March 28, 2017, the Defendant would purchase and deliver the steel in advance to the victim's employees who wish to purchase approximately KRW 152 tons of the steel in the office of the Japanese comprehensive construction company at the time when the victim was the victim of the damage corporation in Dobong-ro 462, Gwanak-gu, Seoul Special Metropolitan City.

1. As seen, the Plaintiff made a false statement to the effect that the Plaintiff was “.”

However, the fact is that the defendant is in serious business depression at the time and is in arrears with additional taxes and corporate taxes, and there is about KRW 600 million payable to the existing transaction partner, and the personal debt also reaches about KRW 300 million, and even if he receives the payment from the injured party, he was thought to use it for the repayment of his own account and debt, so he did not have an intention or ability to purchase and deliver the iron bars promised to the injured party.

As such, the Defendant, by deceiving the victim, received money of KRW 1320,000 from the victim to the SC Bank D account under the name of the Defendant, which is used by the Defendant on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

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

1. The facts constituting an offense are highly likely to cause damage to the reason for sentencing under Article 347 (1) of the Criminal Act (Selection of Imprisonment with prison labor), the details and process of the offense, and the circumstances after the offense, etc.

I would like to say.

However, the sentencing conditions, such as the defendant's age, environment, etc., are integrated into the fact that the defendant reflects the amount of damage, the amount of 20 million won is recovered, and all kinds of sentencing conditions are determined as ordered.