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(영문) 부산지방법원 2013.07.08 2012고정4713

사기

Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is a person who manufactures school uniforms with the trade name “D” in Busan Shipping Daegu C.

On June 4, 2011, the Defendant concluded that “G” operated by the Busan Young-gu E Victim F (M, 59 years of age) that “G,” the Defendant would produce and deliver to the victim to the International High School located in J in J in Jin-gu, Jin-gu. When the delivery is completed, the Defendant would pay the price for the goods.”

However, the defendant did not have any intention or ability to pay the delivery price.

As above, the Defendant deceivings the victim as above, and is the same from June 4, 2011 to the same effect as that of the victim.

C. up to 13.00,000 won, he was supplied with school uniforms in an amount equivalent to five million won.

Summary of Evidence

1. Legal statement of the witness J;

1. A complaint filed by K;

1. Application of Acts and subordinate statutes to investigation reports (attached to indictments for related cases);

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

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

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The gist of the assertion was the defendant's intent and ability to pay the price of delivered goods at the time of the instant crime.

2. The Defendant agreed to receive the amount of money equivalent to the price of goods supplied to school uniforms from I High School as the result of the payment of household checks, which became the means of the instant crime, such as the Defendant’s change of position, and the fact that it was actually received is recognized.

However, the Defendant, at the time of committing the instant crime, issued 6 copies of a check in one’s own front of 5 million won, except for the check in one’s own front of the face value of 5 million won, which was issued to the Defendant, and was punished for the violation of the Illegal Check Control Act by making all of them defaulted due to the shortage of deposit. Considering the relationship between the Defendant’s obligation and active property, even if the Defendant is paid the school uniform amount agreed upon by the New High School, the check is issued to the victim.