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(영문) 서울중앙지방법원 2020.03.24 2019고단3266
사기
Text

A defendant shall be punished by imprisonment for not more than ten 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 had operated the “C” of the manufacturer of sports species in Jongno-gu Seoul Metropolitan Government from November 9, 2010 to August 31, 2012.

On June 20, 2012, the Defendant made a false statement to the effect that “Around June 20, 2012, the Defendant would give the victim approval of the payment to the KG office operated by Jongno-gu Seoul Metropolitan DDA E-Co., Ltd. to deliver the KGererer's Foundation equivalent to KRW 19 million to the victim.”

However, the Defendant was unable to pay wages to the “C” employees at the time, and was unable to pay health insurance premiums in excess of the obligation, and there was no intention or ability to pay the amount even if he received the original order from the victim in excess of the obligation.

Nevertheless, the defendant is against the victim for the same reason.

7.3Around the 2,088,000 Khyer's 373 Khyer's 2,773 Khyer's 3,417 Kyer's 3,417 Kyer's 19,743,200 kyer's kyer's kyer's kyer's kyer's kyer's kyer's kyer's 20.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Data on credit information replies;

1. A certificate of closure of business;

1. Application of Acts and subordinate statutes on deposit transactions;

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

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

1. Circumstances unfavorable to the reasoning of sentencing of Article 62-2 of the Social Service Order Act: It is difficult to view the defrauded amount to reach approximately KRW 20,000,000, and the mental suffering suffered by the victim during the considerable period of time without paying the price of the goods appears not to have been used by the victim; the victim was not available from the victim in the investigation process of the instant case; and the victim escaped without complying with summons in the trial process as well as in the instant investigation process: A favorable circumstance favorable to the O: The instant case is the situation that the original unit is unable to be supplied at the time of being supplied with the clothing manufacturer’s failure to pay the purchase price of the original unit.

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