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Reasons
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(영문) 인천지방법원 2015.12.02 2015고단3477
사기
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A defendant shall be punished by imprisonment for four 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 November 10, 2014, the Defendant concluded that “D” operated by the Defendant located in Bupyeong-gu Incheon Metropolitan City, via E, the manager of the said restaurant, the victim F, who is the manager of the said restaurant, would pay food materials to the victim F at the end of each month.”

However, while opening the above restaurant, there was a debt of 300,000,000 won, and there was no particular property other than the deposit of 70,000,000 won in the above restaurant, and there was no intention or ability to pay the price for the supply of the above food materials to the company that had already been supplied with food materials prior to the operation of the restaurant.

Accordingly, even if he received food materials from the victim from November 11, 2014 to January 27, 2015, such as 16,679,916 won and flaging, he/she did not pay the price.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the prosecution with respect to F;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 347(1) of the Criminal Act applicable to the crime, the choice of imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] General Fraud (less than KRW 100 million) (Article 62(1) of the Criminal Act in cases where a significant damage has been restored [Article 62(1) of the suspended sentence] (Article 62(1) of the Act shall be determined as the order, taking into account the following factors: (a) four months of imprisonment; (b) the defendant was at the time of committing a crime for 2 years of suspended sentence; (c) the defendant was at the time of committing a crime; and (d) a significant damage has been recovered; (d) the defendant intentionally committed a deceitful act; and (e) the defendant’s age

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