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(영문) 창원지방법원 마산지원 2016.07.13 2016고단83

사기

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

Around April 25, 2013, the Defendant was in the status of taking over the above cover of KRW 700-800-800,000,000, such as food goods, wages, etc. at the time of taking over the cover of the cover of the total amount of KRW 45,000,000,000 for workers. Around that time, the Defendant was in the status of taking over the cover of the cover of KRW 700-80,000,000 for workers. Around that time, the Defendant was not in the supply of any food goods to the food goods supplier that had been engaged in transactions for one year, and was unable to pay the cover of KRW 20,00,00,00,00 to the food goods supplier that had been engaged in transactions. The said cover of the cover of the cover of the cover of KRW 201, the sales of the cover of KRW 20,000,000,00,000.

“Falsely speaking to the purport that it was “” and that it did not receive food materials equivalent to KRW 34,654,882 from April 25, 2013 to June 14, 2013 from the damaged party and thereby acquired pecuniary benefits equivalent to the same amount as the price was not paid.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement protocol of E prepared by the police;

1. Submission of each investigative material and reporting thereon;

1. Investigation report (report attached to decisions violating the Labor Standards and Labor Standards Act at the time related to legal force);

1. Application of an agreement on credit transaction, and the statutes governing the head of a sales office;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act / [the scope of recommended punishment] There is no basic area (six months to one year and six months) (the person subject to special sentencing) of the type 1 (less than KRW 100 million) [the decision of sentence] 6 months of imprisonment, suspended sentence 2 years, the community service order 80 hours (the amount of damage in this case, approximately KRW 7.9 million out of the amount of damage in this case, and there is no record of suspended sentence or higher, and the same record is also same.