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(영문) 서울남부지방법원 2016.11.03 2016고단4076
사기
Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Criminal facts

The Defendant, as a person operating “B” as an enterprise manufacturing and selling electric and electronic parts, etc., around September 2014, the Defendant stated to the effect that “B will pay the price by requesting the production of necessary products and gold type to F, who is an employee of “E,” a business entity operating the victim D, at the above business office located in C. C. 35 and 210: (a) the Defendant requested the F, a business entity operating the victim D, to produce necessary products and gold type.” (b) on the other hand, “When products are manufactured or supplied in accordance with the drawing, by making a gold type of products.

However, the Defendant did not have any intent or ability to pay the price properly to the victim even if the Defendant received orders, gold, etc. from the victim because the financial condition of the above “B,” which is a business entity run by the Defendant at the time, was faced with the difficult situation in the management of the company, etc.

Nevertheless, the Defendant, as seen above, deceiving the victim through F, and thereby deceiving the victim, was a gold penalty equivalent to KRW 1,760,000 in the market price of September 30, 2014 from the victim, and products, such as the "Sctub", which is equivalent to KRW 6,65,00 in the market price of November 30 of the same year, and products, such as the "Sctub", which is equivalent to KRW 2,310,000 in the market price of January 31, 2015, and a gold penalty, which is the same year.

4. On 30. Market value of 2,805,000 won and other products and gold bars were supplied, and the goods amounting to the total market value of 13,530,000 won were acquired through deception on four occasions.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. Application of the police protocol of statement to F;

1. The grounds for sentencing under Article 347(1) of the Criminal Act [the scope of recommending punishment] [the grounds for sentencing under Article 347(1) of the Criminal Act [the scope of recommending punishment] fraud (type 1] below 100 million won: there is no person who has been a special offender] from six months to one year [the decision of sentencing] [the grounds for occurrence of the crime in this case, degree of damage, recovery of damage, the defendant's mistake as a substitute, and the age of the defendant.

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