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(영문) 의정부지방법원 고양지원 2017.06.15 2016고단3908

사기

Text

A defendant shall be punished by imprisonment for six 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

On May 15, 2015, the Defendant, at the office of Egypt (State) in Seongdong-dong 35 D, Seongdong-gu, Seoul on May 15, 2015, displayed a copy of D’s business registration certificate to the victim C, and “(State) D is a company making cherb and its employees.

As long as it is necessary to supply high-level goods to create a first-level quantity, it is false to sell them on credit and pay the price at the end of five months.

However, in fact, the Defendant was not a member of D)D, and (State) D merely provided the Defendant with a part of the production facility, and did not have relation to the Defendant’s business. Even if the Defendant sold the supplied scrap, the Defendant did not have any intent or ability to pay the price even if he was supplied with the equipment for personnel expenses and investment in production facilities.

The defendant deceivings the victim as above and acquired the victim through the supply of 9,699,030 won of the market price on the same day by 99.9kg.

Summary of Evidence

1. The defendant's legal statement (as at the fifth public trial date);

1. Each legal statement of witness C and E;

1. Statement made by the prosecution against C;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to transaction specifications, electronic tax invoices, and business registration certificates (state);

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. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of the recommended sentence] general fraud [the scope of the recommended sentence] that there is no basic area (from June to one year and six months) [the person who is subject to special sentencing] [the decision of sentencing] deception method is active, and damage amount reaches KRW 9,69,030.

Damage has not been recovered.

However, there are no criminal records of the same kind, which are against the defendant and exceed the fine.

It is difficult for the defendant to recover from damage because he/she had a significant quantity in the process of processing the meat supplied to the victim by prisoners of war.