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(영문) 창원지방법원 진주지원 2019.05.31 2018고단1635
사기
Text

A defendant shall be punished by imprisonment for four 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

The defendant is a person operating C in Busan-gun, and the victim D is a company selling agricultural materials, and E is a business member of the above company.

On November 7, 2016, the Defendant supplied 9 items of agricultural materials equivalent to KRW 6,380,00,000, such as “E” and “E” at the above C office, and the Defendant stated that the payment of agricultural materials would be made for three months and would have the intent or ability to pay the cost of the agricultural materials.

However, the Defendant had to sell and pay the above farming materials because of the lack of assets held by the Defendant at the time. However, there was no ability to pay the farming materials with poor business performance and there was no ability to pay the interest amounting to KRW 95,00,000 from the FF Cooperative, and there was no intention or ability to pay the farming materials even if the Defendant purchased the farming materials from the victim company.

Ultimately, the Defendant: (a) by deceiving the business employees E of the victim company as above and forcing E to supply the Defendant’s agricultural materials to the Defendant company; (b) received nine items of agricultural materials worth KRW 6,380,000 in total at the market price of Daar, etc. around November 8, 2016 from the victim company; and (c) obtained pecuniary benefits equivalent to the amount of KRW 23,247,40 in total on seven occasions, as indicated in the separate crime list, from around that time to December 2, 2016 by the following means: (a) the Defendant did not receive agricultural materials worth KRW 23,247,400 in total, as indicated in the separate crime list; and (b) did not pay the amount.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning G;

1. Certification of value-added tax base, detailed statement of deposit transactions, and director of customer sales division;

1. Application of Acts and subordinate statutes to a criminal investigation report and an investigation report;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of recommendations according to the sentencing criteria shall be general fraud;

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