beta
(영문) 인천지방법원 2020.08.20 2020고단5059

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant, as the representative of the mail order company B, prepared a letter of commitment to supply goods with the content that “the Defendant shall supply f94 flame retardation 33,000 to the victim during the period from February 20, 2020 to March 21, 2020” among the above company offices located in Kimpo-si C and D on February 6, 2020, and that “the Defendant shall supply f94 flame retardation 33,00 to the victim.” The Defendant, upon receipt of the payment of the sales proceeds from the victim, made a false statement as if he would supply the fice to the victim until the date.

However, in fact, the defendant was thought to be used as personal debt, repayment of credit, office operating expenses, etc. when he received payment from the victim, and there was no intention or ability to supply the quantity of Make as promised by the date of the promise of the victim.

As above, the Defendant, by deceiving the victim as above, obtained cash 56 million won from the victim for the same day as the supply price of marina.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on financial transactions in the name of the defendant, such as a police statement to E, a letter of commitment to supply goods, a Mask price receipt, and an account transaction

1. Relevant Article 347(1) of the Criminal Act concerning facts constituting an offense, Article 347(1) of the Criminal Act of the choice of punishment, and circumstances favorable to the sentencing of imprisonment: The defendant recognizes his

There is no record of criminal punishment except for a fine imposed once for a violation of the Road Traffic Act.

Unfavorable circumstances: The amount of damage caused by the instant crime reaches KRW 56 million.

Non-performance of damage was not made.

Other circumstances revealed in the trial process of this case, such as the age, character and conduct, environment, family relationship, etc. of the defendant, shall be determined as per the disposition.