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(영문) 수원지방법원 안산지원 2015.09.23 2015고단1756
사기
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On January 13, 2014, the Defendant, at the office of D Co., Ltd., a company specializing in industrial machinery painting in the operation of the Defendant, which is located in C3fa 502, at the time of Gyeonggi City, concluded that “The Defendant would settle down the page as of the end of each month at the time of supplying it, and make settlement in cash on the 10th day of the following month.”

However, as there is no money, the Defendant had been unable to pay the royalties already supplied by another paint supplier, and the rent for D factories has not been paid approximately KRW 60,000,000, and there was no intention or ability to pay the royalties even if they are supplied by the victim company.

The Defendant was supplied from January 13, 2014 to April 15, 2014 by the victim company an amount equivalent to KRW 15,391,200 as shown in the annexed crime list.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Full certificate of the matters to be registered;

1. Report on investigation results;

1. Application of Acts and subordinate statutes to investigation reports;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Where a person commits an intentional deception in the mitigated area (one to one year) (special mitigation) of types 1 (one hundred million won) (one to one year) within the scope of recommendation types, or the extent of deception is weak;

2. Normal circumstances favorable to the decision of sentence: The defendant's age, character and conduct, environment, background of the crime of this case, circumstances after the crime of this case, etc. are against the law, the fact that there is no previous conviction for the same kind of crime, and the victim's deposit three million won at a disadvantage: The amount of damage is not reimbursed.

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