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(영문) 의정부지방법원 고양지원 2014.08.22 2014고단1090
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

On July 15, 2010, the Defendant entered into a contract for the supply of goods with the shampoo and shampoo in which the “F shampoo and shampoo” was manufactured and supplied to the victim E Co., Ltd.

On December 2, 2010, the Defendant, at the above C office located in Seocho-gu Seoul Metropolitan Government, sent the victim a false statement to the effect that “The Defendant, at the above C office located in Seocho-gu Seoul Metropolitan Government, shows the remaining inventory of the materials necessary for the manufacture of the shampoo and shampoo and the manufacturing of the shampoo and the shampoo and the manufacturing of the shampoo.”

However, the Defendant did not keep subsidiary materials equivalent to KRW 54,705,466, which are necessary for the manufacture of shampoo and shoo.

The Defendant, as such, by deceiving the victim, received KRW 54,705,466 as the price for shampoo and rine materials from the middle of December 2, 2010 to the first of May 201, from the victim.

Summary of Evidence

1. Statement of the defendant D's legal statement;

1. Investigation report (with respect to the error in the remaining inventory quantity of the subsidiary material);

1. Application of the Acts and subordinate statutes governing a contract for goods supply, a written estimate of remaining subsidiary materials, and a loan repayment plan;

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

1. Sentencing guidelines for sentencing under Article 62 (1) of the Criminal Act: Fraud, general fraud, type 1 (less than 100 million won), basic area, imprisonment with prison labor for six months to one year and six months is not recovered from the date of the instant crime. During the instant public trial proceeding, the victim was suffering from considerable economic difficulties due to the delay in recovery of damage, the victim was punished once by a fine, and the defendant was punished by a fine, taking into account the following factors: the defendant's age, character and conduct, family relationship, records of the instant case, circumstances of the instant case, and the subsequent progress, the sentence identical to the order shall be determined.

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