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(영문) 부산지방법원 2019.05.24 2019고단603
사기
Text

A defendant shall be punished by imprisonment for six months.

except that 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 December 25, 2015, the Defendant told the victim D, who operates a bedclothes manufacturing company C, who was awarded a license by the Defendant, to provide bedclothes services by December 25, 2015, in the course of remodeling construction of the cryp of the cryp of the said cryp, that the Defendant would pay 22,05,000 won for the cryp of the cryp on the last day of the supply of bedclothes.

However, in fact, the Defendant spent the construction cost in excess of the construction cost agreed with the owner at the time, and even if he received the construction cost from the owner, he did not have the money to be paid to the victim, and did not have any property in excess of the debt and tax arrears, and is in bad credit and bad credit, and there was no certain income, and there was no intention or ability to pay the price even if he received the bedclothes from the victim.

Nevertheless, the Defendant, as seen above, by deceiving the victim, received bedclothess in an amount equivalent to KRW 22,05,00 at the market price twice from the middle of December 2015 to January 7, 2016 from the victim, and acquired them by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of the Acts and subordinate statutes on tax invoices and specifications of transactions;

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

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Act does not amount to the damage amount of this case, and the defendant has agreed with the victim, taking into account the defendant's like records, the defendant's age, character and conduct, environment, relationship with the victim, motive, means and consequence of the crime, circumstances after the crime, and various conditions of sentencing as shown in the argument of this case, shall be determined as ordered.

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