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Reasons
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(영문) 서울서부지방법원 2016.07.05 2016고단110
사기
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A defendant shall be punished by imprisonment for four 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

On November 4, 2014, the Defendant is expected to acquire and operate the F immediately to the representative director E of the said company, at the victim-based Dispute Resolution D office located in Yeongdeungpo-gu Seoul Metropolitan Government, and would pay the F by December 15, 2014, if he delivers an automobile black box and an in-house secret box.

The tax invoice was proposed to be issued in the name of F (State).

However, in fact, the Defendant intended to pay other obligations instead of paying the amount to the victim by receiving the delivery from the victim company for the use of the loan, etc., and selling the loan, etc., and had reached approximately KRW 300,000,000 of the amount of the unpaid goods to other companies. The Defendant did not have any intent or ability to pay the amount when he promised to pay the amount even if he received the loan, etc. from the victim company due to the absence of any particular income.

The Defendant received from the victim company 19,350,00 won and 100 pieces of 19,350,000 won and received 30 pieces of c. 6, 2015, and obtained 20 pieces of 23,250,000 won in total from the victim company.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statements of witness E and partial legal statements of witness G;

1. Statement made by the police for E;

1. Statement of transactions;

1. Application of Acts and subordinate statutes to a report on investigation (referring to a witness H telephone investigation) and a report on investigation (Submission of a credit information inquiry report);

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 reason for sentencing under Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 62(1) of the Suspension of Execution (see, e.g., Supreme Court Decision 2007Da1548, Apr. 1, 2007) (see, e.g., Supreme Court Decision 2007Da1448, Apr. 2, 2007) (see, e.g., Supreme Court Decision 2007Da1548, Apr. 2, 2008)) (see, e.g., Supreme Court Decision 2007Da11334, Apr

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