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(영문) 춘천지방법원 강릉지원 2017.06.28 2017고단388
사기
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 2015, the Defendant made a phone call to the victim B, and made a false statement that “D operates a company in the inside of Korea, and D is constructing a road bridge in the middle of the middle of the north of Korea, and there is no 50 tons wom in our side, and therefore, the victim company would put 50 tons of the border E road at the construction site of the road in the middle of the north of Korea and pay the border rent.”

However, the Defendant got up to KRW 417 billion, and since the card debt reaches approximately KRW 27 million, the Defendant did not have the intent or ability to pay the above rent even if the Defendant was provided with the seal from the injured party. Even if the Defendant received the rent from D, the Defendant used the said rent for the debt repayment, etc., so the Defendant did not have the intent or ability to deliver the said rent to the injured party.

The Defendant: (a) deceiving the victim as above; (b) had the victim take advantage of the victim’s deception 50 tons on June 11, 2015; (c) 1 ton on December 50 of the same month; (d) 1 ton on July 27, 2015; (c) 1 ton on July 28, 2015; (d) 1 ton on August 14, 2015, 1 ton on August 10, 2015; (e) 1 ton on August 10, 2015, 1 ton on August 10, 2015; and (e) 1 ton on August 50, 2015, and 1 ton on August 19, 2015, and 1 ton on rent of 10 ton; and (e) provided the victim’s property interest at the construction site.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Complaint;

1. A copy of the business registration certificate, a copy of inquiry into the results of transfer, a copy of each tax invoice, a copy of each transaction statement, a copy of each work report, a copy of judgment, a copy of response to the claim for rent of equipment, and a copy of the response to NICE Evaluation Information Co., Ltd.;

1. Application of Acts and subordinate statutes to a report on investigation (investigation into verifying the amount of damage);

1. Article 347 (1) of the Criminal Act comprehensively including the relevant Article of the Act and the choice of punishment for the crime (the choice of imprisonment);

1. The sentencing of Article 62(1) of the Criminal Act (the following factors are considered as favorable among the reasons for sentencing) is in line with the suspended sentence.

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