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(영문) 울산지방법원 2018.05.17 2017고단4521
사기
Text

1. The defendant shall be punished by imprisonment for one year;

2. Provided, That the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

The Defendant is a person who actually operated “C” from around 201 to October 2017.

On May 16, 2016, the Defendant made a false statement to the effect that “C” office located in P, P, and F, the representative director of “E” of the victimized person, “C,” “The original office is G company and H company, and the raw materials are urgently required, and if the steel plate, which is the raw materials, is supplied to G company, etc. on credit, the Defendant processed the iron plate and supplied it to G company, etc., and then then would pay the steel plate in cash at the end of each following month.”

However, in fact, the Defendant had already reached KRW 1.6 billion, and it was difficult for the Defendant to provide credit loans to the existing clients, and there was a financial difficulty for the Defendant to pay the money to the previous clients, and there was no intention or ability to pay the money for the delivery even if the Defendant received the money from the damaged party.

As such, the Defendant, by deceiving the victim and being supplied with iron plates equivalent to the total amount of KRW 407,014,069 from May 17, 2016 to November 21, 2016, and paid KRW 196,808,639 out of the supply price, and did not pay KRW 210,205,430 among the supply price.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of statutes concerning F statements to the accused in the protocol of interrogation of the suspect to the prosecution;

1. Relevant legal provisions concerning the facts of crime, Article 347 (1) of the Criminal Act, the choice of punishment, and the choice of imprisonment;

2. Reasons for sentencing under Article 62 (1) of the Criminal Act (including circumstances favorable to the reasons for sentencing as follows).

1. The conditions favorable to the defendant shall be as follows:

In depth, one's own crime has been pened and has received a letter from the injured party.

There is no record of crimes of the same kind or imprisonment without prison labor or more.

2. The circumstances disadvantageous to the defendant shall be as follows:

The amount of fraud is a large amount.

3. The motive, means, and result of the instant crime against the above Defendant, and the motive, means, and consequence thereof.

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