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(영문) 대전지방법원 2015.06.25 2015고단956
사기
Text

A defendant shall be punished by imprisonment for six 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 6, 2012, the Defendant made a false statement to the C D’s dental laboratory operated by the Defendant, which reads that “I would supply dental materials to the victim D to pay the price at the end of each month on the face of a week by supplying dental materials.”

However, in fact, since the import of dental laboratories operated around that time was insufficient to cover the monthly wage of employees and the defendant's living expenses, even if the victim is supplied with dental equipment materials, the defendant did not have an intention or ability to pay the price until the promised date.

Around September 6, 2012, the Defendant, by deceiving the victim, received dental engineer materials equivalent to KRW 1,059,000 from the above C dental laboratory around September 6, 2012, and received dental engineer materials in total of KRW 22,807,400 from that time to April 6, 2013, and acquired them by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 347 (1) of the Criminal Act applicable to the crimes. Article 347 (1) of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Scope of recommending punishment] Fraudulent Crime Group, general fraud (type 1), basic area, imprisonment with prison labor for six months to one year and six months (decision of sentence] The scale of damage and partial recovery of damage (6.5 million won), reflectivity, motive and circumstance leading to the crime, Defendant’s age, environment of happiness, etc.

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