beta
(영문) 광주지방법원 목포지원 2014.04.18 2013고단1922

사기

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On March 3, 2010, the Defendant made a false statement to D, a vice head of the above company, stating that “I will pay the price in cash at the same time as I will receive the goods from the rash processing and receive the goods from the rash processing.”

However, at the time of fact, the defendant had no intention or ability to pay the price in cash on the date of promise to the victim company because the defendant had already been in an excessive debt and only had a remote investment attraction plan, but there was no funds to pay the price for supply from the victim company.

The Defendant received from the victim company the total amount of KRW 117,070,998 from March 6, 2010 to June 30, 2010 and did not pay KRW 105,169,746.

As such, the Defendant acquired the processed goods from the victim company, which are equivalent to KRW 105,169,746.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. All of a copy of a redemption note, a written performance of promise to repay prices of goods, a detailed statement of transactions, and a detailed statement of transactions;

1. Application of Acts and subordinate statutes to credit information inquiry and reply;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 (1) of the Selection of Punishment (Overallly, Selection of Imprisonment);

1. Article 62 (1) of the Criminal Act (including the fact that the suspension of execution is against each other, the fact that the victim company agrees to pay 250,000 won per month to the victim company, and the fact that there is no criminal record of the same kind of crime or the suspension of

1. Probation under Article 62-2 of the Criminal Act;