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(영문) 창원지방법원 2016.05.26 2015고단3014

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who operated the “E”, a power plant installation company at the window D of Changwon-si.

On July 24, 2013, the Defendant displayed the design drawings of the victim H operated by the victim G, which was in F of the window of Changwon-si, Changwon-si around July 24, 2013, and “The Defendant would pay the price after the opening of the page by supplying the paint to the Corporation.

“The phrase “ was false.”

However, at the time, the defendant has been liable for the amount of KRW 630 million, and even if he has been supplied for the amount of tax of KRW 81 million, he did not have any intention or ability to pay the amount.

The Defendant received 154,00 won from the injured party, i.e., Am., Am., Am., Am. from Am. to September 5, 2013. From around that time, the Defendant received a total of 10 times from the following methods: (a) as indicated in the list of crimes in attached Form 10 to September 5, 2013; and (b) received 14,595,790 won in total.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. Statement of the police statement related to G;

1. The filing of a complaint, tax invoice, statement of transaction, bankruptcy, declaration of bankruptcy, settlement status, confirmation source, public notice of immunity, list of creditors, notification of seizure of claims, construction contract, construction contract, notification of failure to continue to perform a contract, request for return of goods purchase contract, request for delivery, certificate of failure to perform a contract, certificate of sale of goods, statement of payment of labor cost in technical service, statement of voluntary disposal of materials, request for personal credit

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2(1) of the Social Service Order Criminal Act [the scope of recommendation] The reason for sentencing under Article 62-2(1) of the Social Service Order Act is [the scope of recommendation] The basic area (6 months to one year and six months) [the person subject to special sentencing] [the sentence] [the defendant is not capable of paying the amount due to a large amount of obligation and tax in arrears] The amount of 14 million won from the injured party while the defendant is unable to pay the amount due to a large amount of obligation and tax