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(영문) 대구지방법원 의성지원 2013.04.11 2012고단275
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

around 14:00 on April 30, 2012, the Defendant: (a) at the office of the E company operated by the Busan Young-gu C victim D; (b) the Defendant did not operate a F-type factory; (c) even if having received the production cost from the victim, the Defendant was planned to use it for the production of the ordered product from another company; and thus was unable to manufacture and deliver it to the victim within the agreed period; (d) the Defendant was operating the F-type factory in the Seogu Daegu-gu, Seoul-gu, and (e) the Defendant received a false statement stating that “The Defendant would produce one payment for the Borode trading machine by June 30, 2012, KRW 500,000 on May 1, 2012, KRW 16,000 on May 1, 2012, and KRW 15,500,000,000 from the victim.”

Summary of Evidence

1. Legal statement of the witness H;

1. The defendant's partial statement in the second protocol of trial;

1. Statement made by witnesses D in the third protocol of the trial;

1. A mechanical manufacturing contract, a written estimate, or a copy of a bankbook;

1. Application of Acts and subordinate statutes to investigation reports (limited to the attachment of photographs related to the production of crowdfunding machines);

1. The relevant provision of criminal facts and the reasons for sentencing of Article 347(1) of the Criminal Act (Optional to Imprisonment) (hereinafter “unfavorable sentencing person”) - The grounds for sentencing are determined as per Disposition on the grounds that not less than twice a criminal conviction for the same type of suspended sentence, but also the same method of the crime is identical - the fact that the damage has not been recovered - None of any serious reflectiveness (if the amount of actual damage not recovered is less than 50 million won) - Where the amount of actual damage is small (if the amount of damage not recovered finally as set out in the sentencing guidelines is less than 50 million

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