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Reasons
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(영문) 대구지방법원 서부지원 2014.06.13 2014고단215
사기
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A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On September 201, 201, the Defendant made a false statement to the Director E of the D Office of the Victim, Inc., Ltd., located in the Seocho-gu Office of Seocho-gu, Daegu, that “The prime cost of supplying the Foundation will be settled at the end of the following month” to the Director E of the D Office of the Victim.

However, in fact, while the Defendant was operating the FF company in 2010, the Defendant did not have any obligation equivalent to KRW 500 million and did not pay the amount equivalent to KRW 65 million after receiving the goods from the Korea Credit Guarantee Fund. Therefore, even if the Defendant was supplied with the original amount from the victim, the Defendant did not have any intent or ability to pay the amount.

On September 16, 2011, the Defendant: (a) by deceiving the victim; (b) supplied the victim with the original part of KRW 32,911,142 (including value-added tax) equivalent to the total amount of damage of KRW 11,00yd 32,91,142 (including value-added tax) to the Defendant designated on September 16, 201; (c) supplied the victim with the original part of KRW 5,000 of the KRW 5,000 of the KRW 12,4999d; and (d) on around the 20th day of the same month, the Defendant acquired pecuniary profits equivalent to that amount.

Summary of Evidence

1. Legal statement of witness E;

1. Partial entry of the suspect interrogation protocol of the accused by the prosecution;

1. Investigation report (the G representative director case and H telephone statement outside of the G representative director case);

1. A copy of bankbook;

1. Current status of deposits in preparation for sales;

1. Application of Acts and subordinate statutes to credit information inquiry and inquiry;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 (1) of the Election of Imprisonment or Imprisonment;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act: (i) there is no past record of the same type of crime, there is no significant penalty, and no record of fine; (ii) the payment was made at the time of the first transaction with the victim; and (iii) the goods were delivered to the victim by

1. Social service order under Article 62-2 of the Criminal Act;

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