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(영문) 춘천지방법원 2016.04.14 2016고단138

사기

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On October 2, 2014, the Defendant was sentenced to 8 months of imprisonment with prison labor and 2 years of suspended execution for embezzlement, etc. at the Chuncheon District Court on October 2, 2014, and the Defendant was finally decided on October 11, 2014.

On December 10, 2013, the Defendant made a false statement to the effect that “If he/she lends KRW 35 million from the modern social money corporation to 35 million, he/she shall purchase the 45 million Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Korean Korean Korean Korean Korean Korean Korean Korean Korean

However, in fact, the Defendant was planning to purchase the sofags which cannot be operated due to an accident and transfer them to AF, which is the Defendant’s creditor. At the time, the income of FF corporation, the seller of heavy equipment operated by the Defendant, was insufficient to pay the company operating expenses and the interest on the current account check issued and discounted by the Defendant, and there was no intention or ability to repay even if the Defendant borrowed the sofags purchase price from the Hyundai Social Co., Ltd., which was already 320 million won in the name of the Defendant and the person.

As such, the Defendant deceivings the employees in charge of the victim's modern social money company, and then, he received 35 million won from the victim's modern social money company to the above AD account as the purchase price for the cut-off period on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against AG;

1. A complaint (application for goods, business registration certificate, register of construction machinery, and protocol of impossibility of delivery of motor vehicles);

1. Reporting of the previous records of each disposition and results of confirmation (Attachment to the text of the judgment);

1. Previous convictions: Application of Acts and subordinate statutes to inquire about criminal history and report criminal investigations (report on the results of confirmation of previous convictions of the disposition);

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

1. The Criminal Act dealing with concurrent crimes;