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(영문) 창원지방법원 통영지원 2014.06.30 2013고단859
사기
Text

A defendant shall be punished by imprisonment for six 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

[Criminal Power] On October 18, 201, the Defendant was sentenced to a suspended sentence of two years on August 26, 201 to imprisonment with labor for occupational negligence, death, etc. in the Changwon District Court's Jinju branch.

【Criminal Facts】

The defendant is a person who is engaged in dismantling a closed vessel with the trade name of D Company in Sacheon City C.

On October 10, 2011, the Defendant made a false statement to supply scrap metal produced by demolishing a closed vessel at the face of 100 million won per week to the victim F, the representative of the victim F, at the site of dismantling the closed vessel in front of the Defendant’s company.

However, at the time, the defendant had a debt of KRW 50 million, such as compensation for death, KRW 200,000,000, and KRW 200,000,000.

6. Since around 30.30. G had to receive advance payments from G and deliver scrap metal, there was no intention or ability to deliver scrap metal equivalent to advance payments to the victim even if he received advance payments from the victim.

Around October 10, 2011, the Defendant received KRW 100 million from the victim to the account in the name of the said D Company. On or around 30th of the same month, the Defendant supplied scrap metal equivalent to KRW 28,394,190 in total, such as scrap metal equivalent to KRW 12,562,880, and KRW 15,831,310 on or around December 31, 2012, but did not deliver the remaining scrap metal amounting to KRW 71,605,810 on or around October 30, 201, thereby acquiring property profits equivalent to the same amount.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. A complaint, copy of passbook, statement of savings deposit transactions, copy of transaction statement A in 2011, tax invoice and each investigation report;

1. Before ruling: Criminal records and the application of two copies of judgment and Acts and subordinate statutes;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The reason for sentencing under Article 62(1) of the Criminal Act is the confession of the instant crime.

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