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(영문) 대전지방법원 천안지원 2016.08.18 2016고단450
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 31, 2013, the Defendant made a false statement to the Defendant at the office of the Victim C Operation Co., Ltd. (hereinafter “D”) (hereinafter “D”) located in Gyeonggi-si (hereinafter “D”), stating that “The Defendant would deliver information and communications equipment to the Defendant to the customer, such as Jeju, and pay the cost immediately after receiving the equipment cost from the customer.”

However, in fact, the defendant did not think that he will deliver equipment to E even if he was supplied with equipment from the injured party, supplied equipment to another customer, and he thought that he would receive the cost and use it as personnel expenses, etc., and did not have the intention or ability to pay the cost of equipment to the injured party.

The defendant deceivings the victim as above and received from the victim the information and communications equipment equivalent to KRW 20,570,000 from the seat of the victim.

In addition, from that to June 3, 2013, the Defendant received information and communications equipment equivalent to KRW 90,993,100 in total on five occasions, such as the list of crimes, and did not pay the amount, thereby acquiring property benefits equivalent to that amount.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of the police statement protocol law to C

1. Article 347(1) of the Criminal Act, the choice of imprisonment, inclusive, with prison labor for the crime;

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution [type Decision] - In a case where a person commits a fraudulent act of less than KRW 100 million [special sentencing factors] - In a case where a person commits a deceptive act of less than KRW 100 million, or where the degree of the fraudulent act is weak, the case where the punishment is not imposed or the amount of the fraudulent act is recovered from the amount of the damage corresponding to the portion of the punishment [the scope of the recommended sentence] / January / 1 year / [the scope of the punishment] applicable in the special mitigation area / [the scope of the punishment] : Article 347 of the Criminal Act; Article 347 of the statutory punishment : - January 1 to 10 [whether the suspended sentence is suspended] - The principal reason for the suspended sentence is the case where

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