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(영문) 대구지방법원 서부지원 2016.10.20 2016고단1571
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

The Defendant, with the trade name of “D” in the Seogu Daegu-gu, concluded that, around February 2015, the victim F, who operated “E” in the said “D” office, provided that, “The Defendant would pay KRW 45 million by the end of the following month after the completion of the supply of “MEMORY MAT 200 million Won” to the victim F, who supplied “E” at the said “D office.”

However, even if the defendant was supplied with the original team from the victim, he was expected to pay the outstanding amount remaining in the previous customer by selling the original team to another business entity, and there was no intention or ability to pay the original amount to the victim because there was no particular property or income.

As such, the Defendant: (a) by deceiving the victim; and (b) obtained MFMRY original group of 20,000 won from March 2015 to May 2015 from the victim’s end of March 2015; and (c) acquired MFT original group of 45 million won.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to police statements made to F and G;

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

1. Article 62 (1) of the Criminal Act (i.e., the confession and the attitude against the victim, the agreement with the victim, and the fact that the defendant has no past record of punishment exceeding the fine) in the suspended sentence;

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