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(영문) 대구지방법원 서부지원 2017.06.16 2016고단2226

사기

Text

A defendant shall be punished by imprisonment for six months.

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

On February 3, 2016, the Defendant, at the Daegu-gu D building, and the victim C office located in No. 401 on February 3, 2016, to the business employees E of the said company, “A member of the company run within the company processing and selling the original group, and a member of the company produced in C supplied the original group by March 31, 2016.

“The purpose of “ was to make a false representation.”

However, in fact, the Defendant did not have any particular property, while there was a circumstance that the Defendant should bear KRW 30 million in personal liabilities and KRW 180-19 million each month, and even if the Defendant sold the original supplied by the victimized company to the customer and received the payment, it was thought that it would be used for personal purposes, such as the Defendant’s repayment of the Defendant’s obligation and living expenses, so even if it was supplied by the victimized company, there was no intention or ability to pay the said amount properly.

Around February 4, 2016, the Defendant received from the victimized Company the KRW 22,034,490 KRW 23,693 from the damaged Company, KRW 9,319 KRW 8,66,670 of the market price around February 15, 2016, KRW 9,319 KRW 7,239,120 of the market price around February 25, 2016, KRW 7,784 of the KRW 3,41,70 of the market price around April 4, 2016, KRW 41,381,280 of the market price at KRW 3,70 of the market price at KRW 41,481,280 of the market price at KRW 496,496.

Accordingly, the defendant deceivings the damaged company to take the property by deceiving the damaged company.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the details of delivery, such as accusation, business registration certificate, details of delivery, request for purchase, statement of transaction details, etc., certified copy of the corporate registry, and statutes governing business registration;

1. Article 347 (1) of the Criminal Act, and the choice of punishment for the crime;

1. Article 32 (1) 3 and Article 25 (3) 3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits to Dismiss Application for Compensation (the defendant has paid some of the amount obtained by deceit);

The reason for sentencing is that the scope of the liability is not clear, and the frequency of the crime of this case and the amount of fraud.