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(영문) 창원지방법원 2012.08.10 2012고단1047
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

The Defendant is a person who is engaged in the manufacturing industry under the trade name of “C”.

On June 17, 2011, the Defendant made a false statement to the victim E at the office of Kimhae-si, stating that “The Defendant would supply scrap metal of 30 million tons per week at the face of the week, 15 tons per month.”

However, the defendant did not have any intention or ability to supply the victim with scrap metal of 15 tons per month.

As such, the Defendant, by deceiving the victim, received 30 million won as an advance for the purchase of scrap metal immediately from the victim, and acquired it by deceit.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E, F and G;

1. Application of the Act and subordinate statutes to a part of the suspect interrogation protocol, and the protocol of partial prosecutorial statement (including the E Statement);

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

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

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

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