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(영문) 서울서부지방법원 2017.10.12 2017고단1677
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence 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 actually operates (State)C established for the purpose of manufacturing and selling automatic control devices.

At around April 25, 2016, the Defendant would pay the victims E with the control system, etc. at the construction site of the F sewage treatment plant in Geumcheon-gu Seoul Metropolitan Government, “If our company supplies and installs the control system, etc. at the construction site of the subcontracted F sewage treatment plant, the price will be paid immediately as settled by the original office.

“.....”

However, in fact, even if the payment that was already paid to other suppliers has already been paid to approximately KRW 400 million, and even if the original office receives the payment for the work due to personnel expenses, taxes in arrears, etc., it is necessary to pay it as the price for the supply of goods to other companies, taxes in arrears, and wages in arrears, so there is no intention or ability to pay it normally even if the goods are supplied by the damaged persons.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) received supply of integrated surveillance control equipment equipment equipment equipment equivalent to KRW 65 million at the construction site of the Gyeonggi F’s sewage treatment plant at around that time from the victim; and (c) received supply of control equipment equipment equivalent to KRW 19,477,00 from around the above day to June 10, 2016 on four occasions, such as the list of crimes in the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Complaint;

1. A written purchase order and a written answer against the performance of obligations, and a written statement of the third debtor;

1. Application of Acts and subordinate statutes to a criminal investigation report (verification of details of debt obligations of a suspect), investigation report (Attachment to the head of cancellation of a complaint);

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. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] General Fraud (at least KRW 100 million, but less than KRW 500 million). In the mitigated area (from October to February 6), the mitigated area (at least KRW 100,000, KRW 500) (the person who has been specially mitigated) was not punished, or whose damage was restored to a considerable part.

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