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(영문) 의정부지방법원 고양지원 2016.05.20 2015고단2331

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant, as a actual operator of Soyang-gu Seoul 601 Co., Ltd., Ltd., the Defendant, while engaging in the business of installing smokers in PC rooms or general offices, and actually installing smokers under a smoking agreement, has contracted to the “F” of the creative production company operated by the victim E.

From August 2013, the Defendant concluded a smoking service contract with the victim as above and contracted the production to the victim from the PC room, etc. on February 2014, when the Defendant had contracted the production to the victim, the Defendant obtained an order from the victim, and obtained an order from the PC room, and obtained an order from the victim, thereby obtaining pecuniary benefits equivalent to the above construction cost, without paying the construction cost, even if the Defendant did not pay the smoking part payment to the victim as the contract price and did not pay the Defendant’s debt or wages to its employees. However, the Defendant’s office around February 2014, concluded a smoking service contract with the victim as if the Defendant would pay the victim for the smoking part, thereby having the victim install the smoking part of the construction cost of KRW 47 million, and acquired the above construction cost by lockedly without paying the price.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to attached written complaint;

1. The relevant legal provisions on criminal facts and the reasons for sentencing (the scope of recommended punishment in accordance with the sentencing guidelines) of Article 347(1) of the Criminal Act on the selection of punishment [the scope of recommended punishment in accordance with the sentencing guidelines] [the range of punishment in accordance with the sentencing guidelines] fraud [the defendant shall be deemed to be less than 100 million won]] in the basic area (from June to January, 6] [the sentence] [the defendant shall be deemed to have been unable to have been recovered at all even though the crime was committed for three years, and the defendant shall have been sentenced to a three-time fine: the defendant's age, sex, family relation, family environment, motive and means of the crime, and the circumstances after the crime are committed.