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(영문) 청주지방법원 영동지원 2015.01.15 2014고단199

사기

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 12, 2011, the Defendant made a false statement to the “C” office operated by the Defendant in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Hacheon-gun on October 12, 201, that “The Defendant would supply steel plates and sell them on the face and pay the price within two to three days.”

However, the above "C" operated by the defendant at the time has no intention or ability to pay the price even if the defendant was supplied with the iron plate by the victim because the financial situation has deteriorated to the extent that the employee's wage is not paid and various taxes are delinquent.

The Defendant was supplied with 20 iron plates (9.0 x 1830 x 60 x 12.0 x 2438 x 6096 x 2438 x 6096 x 6096 10) equivalent to the total market price on the same day by the victim.

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

2. On October 19, 2011, the Defendant was supplied two copies of steel plates (22.0 x 2438 x 2438 x 2438 x 6096 x 1 x 6096 x 1) equivalent to the total market price of 5,709,528 on the same day from the victim by deceiving the victim Dae Steel Steel Co., Ltd. in the same manner.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A complaint;

1. Statement of the payment guarantee for the material price;

1. Application of tax invoice Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act, including the confession of the fact of crime by the defendant, the fact that the victim has agreed