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(영문) 서울중앙지방법원 2015.10.01 2014고단8924

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, 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

On December 27, 2012, at the office of the victim D Co., Ltd. located in Dongducheon-si, the Defendant sent the victim E, a director of the victim company, “in fact, F is the actual management owner of F. The cost will be settled within 30 days from the date of release, and the Defendant sent the victim company a work instruction.

However, in fact, since there was no particular asset at the time of the conclusion of the above contract, and the financial situation of the defendant's company was not good, there was no intention or ability to pay the price by the due date, even if the defendant was processed by the victim company.

As above, the Defendant: (a) by deceiving the victim company; and (b) caused the victim company to process dump dump treatment worth approximately KRW 27,233,350 from January 12, 2013 to February 28, 2014; and (c) acquired pecuniary benefits equivalent to the above amount.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of E;

1. The prosecutor's statement concerning G;

1. The part concerning the statement E in the police interrogation protocol of the defendant

1. Statement to E by the police;

1. Each investigation report (14 pages, 115 pages, 154 pages, 170 pages, 192 pages);

1. Application of Acts and subordinate statutes on a work request;

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

1. Article 62 (1) of the Criminal Act;

1. For the reason of conviction under Article 62-2 of the Social Service Order Criminal Act, the objective circumstances, such as the progress of the selection of traders, such as purchase of raw materials for all export clothes including the instant clinical processing work, the progress of selection of traders, such as e-mail - coloring - printing, and the financial preparation of the Defendant necessary therefor, the financial status of the Defendant or the Defendant’s company, the details of the agreement between the Defendant and the victim company, and the details of their implementation.