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(영문) 창원지방법원 2016.09.22 2015고단1271

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant, who actually operates the “E” of the seal construction business company located in the Gu, Chang-si, Chang-si, and the Defendant did not have any property, such as bad credit holders and national taxes, up to 1.2 billion won, and did not have any property, such as unpaid national taxes, and even if having received the cost of painting construction, it is difficult to give the factory rent and the wages of the employees, so even if receiving the paint from the victim F, there was no intention or ability to pay the cost

Nevertheless, the Defendant, at H’s site located in G, G, Sinnam-si on March 3, 2014, supplied P, “On the face of the State that supplied P, P, P, and P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P,

“Along with the end of this month,” the end of this month includes the supply of paints equivalent to KRW 5,935,600 from the injured person on the 5th day of the same month, and the same year from that time.

5. Until August 5, 200, up to 33 times in total the amount of 88,017,369 won was supplied as shown in the list of offenses.

Accordingly, the summary of the evidence that the defendant was granted property equivalent to KRW 88,017,369 by deceiving the victim.

1. Partial statement of the defendant;

1. Each legal statement of the witness F, I, and J;

1. A protocol concerning the examination of suspect to the prosecution of some of the accused (including the K substitute part);

1. Statement by the police concerning L;

1. Each report on investigation;

1. A complaint;

1. Documents to be submitted (the details of passbook transactions, E head of E, business registration certificate, factory photographs, details of deposit and withdrawal transactions), submission petition by complainants, and application of Acts and subordinate statutes to the submitted documents;

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

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution [Scope of Recommendation] In the case where a person intentionally commits a deceitful act in the mitigated area (one month to one year) of Class 1 (less than KRW 100 million) of the Act on the Suspension of Execution (special mitigated person] [the special mitigated person] or where the degree of deceptive act is weak (the decision of sentence], and the defendant is very difficult to pay the amount to the victim properly.