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(영문) 인천지방법원 2017.10.12 2017고단811

사기

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

The Defendant is a person who actually operated the printing circuit board C in Seo-gu Incheon, Seo-gu.

On February 25, 2015, the Defendant would pay the price to E, the representative of the victim D Co., Ltd., “on delivery of the printed circuit board three months after the date of delivery of the printed circuit board.”

“A false representation was made.”

However, the defendant operated while there is no particular property.

C due to the lack of technical capabilities to manufacture finished products on the printed circuit board, the financial situation was very inappropriate for the products already supplied due to the lack of due diligence rate of 50% or more, and there was no way to reduce the defect rate in the short term. Therefore, even if the products were supplied by the victim company with the printed circuit board, there was no intention or ability to pay the price normally after three months.

Nevertheless, as seen earlier, the Defendant: (a) by deceiving the Victim E; (b) paid KRW 2,463,329 on March 25, 2015; (c) KRW 20,035,169 on April 25, 2015; (d) KRW 9,780,518 on May 25, 2015; and (e) KRW 7,457,846 on June 25, 2015; and (e) KRW 2,25,154 on July 25, 2015; and (e) paid KRW 47,014,638 on KRW 3 million on supply of printed circuits; and (e) paid KRW 44,014,638 on April 25, 2015.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes for inquiry about sales slips;

1. The relevant legal provisions on criminal facts, Article 347(1) of the choice of punishment, the reasons for sentencing sentencing of imprisonment with prison labor / [the scope of recommendation / [1 year] the mitigated area of punishment / [the scope of punishment ] The special mitigated area of punishment / [1 year] Special mitigated area: where the degree of negligence or deception is weak, / 【the reasons for the suspension of execution negative consideration / 【the reasons for the suspension of execution / 【the decision of sentence / 100 imprisonment for 4 months within the scope of recommendation] of punishment.