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(영문) 인천지방법원 2014.03.25 2013고단7876

사기

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The Defendant is a juristic person who has operated a prefabricated building materials wholesale and retail store in the name of “C”, and the victim D Co., Ltd. (Representative E) is a juristic person manufacturing and wholesale and retailing prefabricateds, etc. from August 2010 to a trade relationship between the Defendant and the Defendant at the average of KRW 2,000 to KRW 3,000,000 per month from around August 2010.

On April 29, 2011, the Defendant made a false statement to the effect that “C” store located in Gyeonggi Kimpo-si F, the Defendant would supply the victim’s employees G with the board equivalent to KRW 10,661,200, such as 50 tons of the wall board “e.p.s., 50 tons of the wall board” by telephone, and would repay the total amount of the transferred amounts to May 6, 201,” and sent an order by facsimile.

However, in fact, the defendant, as a person with bad credit standing at the time, did not have any other income or property in reporting the enemy, such as the store rent, and therefore, even if he was supplied with the above board by the victim, he did not have the intent or ability to pay the price, and there was no intention to return the above board.

On May 3, 2011, the Defendant, by deceiving the victim as such, obtained from the victim the above panel equivalent to KRW 10,661,200 at the market price from the victim, and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. A criminal investigation report (H telephone conversations by a complainant), investigative report (Submission of reference materials by a complainant), summary of transaction, transaction books, and investigation reports;

1. Application of the Acts and subordinate statutes to a complaint, copy of order, and specification of transactions;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act (with regard to the fact that the defendant acknowledges and reflects his/her mistake, the fact that the defendant has no record of the same kind of crime, and other circumstances that form conditions for sentencing as shown in

1. Social service order under Article 62-2 of the Criminal Act;