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(영문) 수원지방법원 성남지원 2015.02.13 2014고단873
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

around March 2013, the Defendant: (a) at the office of Songpa-gu Seoul Metropolitan Government C building 301, Defendant Company D (hereinafter referred to as “D”) (hereinafter referred to as “D”) (hereinafter referred to as “D”); (b) with the cumulative status of the Defendant’s debt on building stones suppliers, including victims E, for each month due to low prices arising from construction games depression; (c) the former operator did not take over 600 million won; and (d) paid approximately KRW 10 million interest every month from May 2012; and (c) even if the Defendant received building stones from the victim, the Defendant did not have the intent or ability to pay the building stones even if he received the building stones from the victim, the Defendant did not receive the building stones within 30 days from the expiration of the construction competition; and (d) with the victim’s total payment of the building stones within 30 days from 205 days from the 2013 G G G site; and (d) the victim did not receive the building stones from the victim during the period of 3065 days from 206.5 days from 206.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A suspect interrogation protocol of the accused by the prosecution (including E statements);

1. Each police interrogation protocol against the accused;

1. Statement to E by the police;

1. A contract for supplying each commodity, a detailed statement of claims, settlement funds and requests for the disposal of production minutes, and a petition for bankruptcy;

1. Application of investigative reports (violation of the Labor Standards Act, written rulings and indictments), investigation reports (Attachment to financial statements, etc.) and statutes;

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

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

1. Although the victims of the reasons for sentencing under Article 62-2 of the Criminal Code of the community service order are not much damaged, the accused.

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