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(영문) 서울동부지방법원 2015.07.15 2015고단146
사기
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. On July 2012, the Defendant made a false statement to the victim D’s office located in the Pakistan Co., Ltd., stating that “The Defendant would pay the printing price immediately after printing the ordered printed materials.”

However, the Defendant, as a person of bad credit standing at the time, was unable to pay a loan of approximately KRW 20 million from the Korea Credit Guarantee Fund, as well as a loan of approximately KRW 30 million to another customer, and as a result, did not have the intent or ability to pay the loan even if he received printed materials from the victim.

The Defendant, as such, by deceiving the victim, was issued with printed matters equivalent to KRW 1,513,60,00 from the victim around July 31, 2012.

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

2. Around August 2012, the Defendant made a false statement that “The Defendant would immediately pay the printing price to the victim as soon as he/she has printed the ordered printed materials and received the printed materials.”

However, as stated in paragraph (1), the Defendant did not have any intent or ability to pay the price even though he received printed materials from the victim due to the aggravation of financial standing.

On August 31, 2012, the Defendant was issued with printed matters equivalent to KRW 11,968,50 (printed expenses + KRW 9,168,500 + KRW 2,800,000) from the victim.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of witness D;

1. Examination protocol of the accused by the prosecution;

1. Written request (Evidence No. 17), a statement of repayment, a statement of transactions, and a deposit certificate;

1. Application of statutes on business registration certificates;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Judgment on the defendant's assertion under Article 62 (1) of the Criminal Act

1. The Defendant shall pay the price due to the aggravation of financial standing.

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