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(영문) 서울남부지방법원 2013.11.27 2013고단2842
사기
Text

A defendant shall be punished by imprisonment for not more than ten 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

Around November 2012, the Defendant made a false statement to the head of Yangcheon-gu Seoul Metropolitan Government Party No. 4, 2012, stating that “The Defendant would pay half of the price to the police officers in the middle of November 2012, 2012 and pay the remainder of the price to the end of November 2012.”

However, in fact, the defendant thought that he would deliver the steel bars supplied by the victim to C, the director of the above construction site, and that he would have arbitrarily used the steel bars received from C, so there was no intention or ability to pay the said price even after being supplied with the steel bars from the victim.

The Defendant, by deceiving the victim, caused the victim to supply 50 tons of steel bars on November 7, 2012 at the site of housing construction located in Namyang-si, Namyang-si, and 56 tons of steel bars on November 15, 2012 at the market price of 42 million won in total 6 tons of steel bars.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Act and subordinate statutes to record the defendant's suspect interrogation protocol B to the prosecution;

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

1. It is so decided as per Disposition for the reason of sentencing under Article 62(1) of the Criminal Act, such as the fact that the defendant has no same criminal record, and that 10 million won has been paid to the victim.

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