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(영문) 인천지방법원 2015.10.07 2015고단2575

사기

Text

A defendant shall be punished by imprisonment for six months.

except that 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 was the representative of D Co., Ltd., a company that manufactures and supplies machinery.

On April 28, 2014, the Defendant stated that “F, a business director of the Victim E Co., Ltd., would pay the price on the day following the day when the goods are deposited in the capital company upon the delivery of the goods,” and made F trust in the Defendant; however, on July 1, 2014, the Defendant used F’s settlement funds for the goods that the said business partner’s settlement funds received from the capital company for the said company for the said settlement funds, and had the intent not to pay to the victim, and thus, there was no intention or ability to pay the price to the victim for the machinery.

1. On July 13, 2011, the Defendant, at the victim’s office located in Seo-gu Incheon Seo-gu, supplied F with one cut machine of KRW 38.5 million by hiding the above situation, and acted as if he would pay the price under the above agreed terms and conditions, and acquired the above machine from F who believed it.

2. On August 20, 2014, the Defendant, while hiding the above situation at the above office, supplied F with one cut machine of KRW 27 million and acted as if he would pay the price in accordance with the above agreed terms and conditions, and acquired it by deceiving F with the supply of the said machine from F who believed it.

Summary of Evidence

1. Legal statement of witness F;

1. Application of Acts and subordinate statutes concerning specification of transactions;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Type 1 (less than KRW 100,00) (less than KRW 100,00) of general fraud (the scope of recommending punishment) shall apply to the sentencing criteria (the determination of types). From June to June; and

2. Determination of sentence: The defendant 2 years of suspended sentence for six months denies the crime of this case, but the victim is against the fact that the damage was inflicted on the victim, and the amount of 23 million won out of the amount of defraudation shall be repaid.