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(영문) 창원지방법원 2015.10.20 2015고단1584
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 two years from the date this judgment became final and conclusive.

Reasons

Criminal facts

On July 23, 2015, the Defendant was sentenced to 8 months of imprisonment with prison labor and 2 years of suspended execution for fraud in the Changwon District Court (Seoul District Court), and the judgment became final and conclusive on July 31, 2015.

Around December 10, 2013, the Defendant reported the F Company’s business registration number (G) to the victim D Co., Ltd., Ltd., Ltd., Ltd., Ltd., Co., Ltd., Ltd., Co., Ltd., Ltd., Co., Ltd., Ltd., Ltd., Co., Ltd., Ltd., Ltd., Co., Ltd., Ltd., Ltd., Co., Ltd., Ltd., Ltd., Ltd., Ltd., Ltd., Ltd., Ltd., (hereinafter

However, in fact, the FF company that the Defendant had operated prior to the towing was closed on September 28, 2010, and even if the victim company is supplied with the domination system, it is thought that it would be disposed of as salt, and the defendant did not have the intention or ability to pay the price.

The Defendant, by deceiving E as such, received from the victim company the amount equivalent to 11 million won at the market price of one electronic weight-a-ray of the electronic weight, through E, and acquired it.

around June 22, 2015, the Defendant made a false statement to the victim I that “I would deliver the contract deposit to the victim by August 30, 2015 if I send the contract deposit to the victim, with the victim I, “I will deliver it to the victim by August 30, 2015.”

However, in fact, F Company that was operated by the Defendant was closed on September 28, 2010, and at the time, the Defendant did not engage in the manufacturing of machinery and did not have the intent or ability to supply the said machinery to the Defendant.

On June 23, 2015, the Defendant, by deceiving the victim, received KRW 2.5 million from the victim to the agricultural bank account of the Defendant, and acquired it by deceiving the victim.

Summary of Evidence

1. Statement of each of the accused in court;

1. Each police statement made to E and I;

1. Each complaint (including attached documents);

1. Application of Acts and subordinate statutes to criminal records, written judgments, and fixed-date data inquiry;

1. Article 347 (1) of the Criminal Act as to the facts constituting the crime;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Code to increase concurrent crimes;

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