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(영문) 서울남부지방법원 2016.06.30 2016고단2018

사기

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Criminal facts

피고인은 2015. 4. 경 포 천시 C에 있는 피고인이 운영하는 ‘D’ 사무실에서 피해자 E에게 전화하여 " 경기 포 천시에 있는 F 스키장 공사를 하고 있는데 나동선( 裸銅線) 및 난 연 케이블 (TFR-CV) 전선을 납품해 주면 대금을 꼭 지급하겠다.

The phrase “the meaning was made.”

However, in fact, the Defendant did not have been performing construction work in the Fki ground, and was liable for debts equivalent to 100 million won without any particular property or income, and had been supplied with electric wires from the injured party, and was thought to be used in the repayment of the Defendant’s obligation by selling them on the water, and thus, there was no intention or ability to pay the price for the goods as agreed upon by the injured party even if receiving the said goods from the injured party.

Nevertheless, the Defendant, as such, by deceiving the victim, received electric wires equivalent to KRW 39,007,870 from April 30, 2015 to May 30, 2015 from the damaged party and acquired them by deception.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. The grounds for sentencing under Article 347 (1) of the relevant Article of the Criminal Code for criminal facts [the scope of recommending a punishment by imprisonment] [the scope of recommending a punishment] Fraud (the general fraud]: six months to one year and six months [no person subject to special sentencing] [the sentence] [the decision of sentence] was rendered by taking into account the following factors: the course and method of the instant crime, degree of damage, the circumstances in which only some of the amount of damage was repaid, the defendant's mistake was recognized; the defendant's age, sexual behavior, health status, criminal records, and the circumstances after the instant crime; and the court ordered the defendant to sentence the same sentence as the order.

It is so decided as per Disposition for the above reasons.