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(영문) 서울남부지방법원 2017.10.20 2016고단4886
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Criminal facts

On August 20, 2015, the Defendant made a false statement to the effect that “C” office of the Defendant’s management in Yangcheon-gu Seoul building No. 3311, a director of the victim D Co., Ltd., would pay the garment cost immediately after transport” to E, who is a director of the victim D Co., Ltd.

However, in fact, the Defendant was not only more than KRW 1.4 billion in debt than the property at the time, but also the deficit in the operation of the above “C” was accumulated, so the victim company did not have the intent or ability to pay the transport cost even if the transport of the clothing was made by the victim company.

Nevertheless, on August 31, 2015, the Defendant deceptioned E and caused the victim company to obtain the pecuniary benefits equivalent to KRW 19,173,909,09, of the cost of the clothes on September 25, 2015, the cost of the clothing 11,300km on September 25, 2015, and the cost of the clothing 748km on September 30, 2015, from the Chinese port well-being to the cost of the carriage of Cambodia 19,173,909.

Summary of Evidence

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to a list of rehabilitation cases, taxation claims, etc., including a copy of an application for commencement of rehabilitation procedures, a copy of a decision on commencement of rehabilitation procedures, a

1. Relevant Article 347 of the Criminal Act and Article 347 of the Criminal Act (including the cases) and the reason for sentencing selection of imprisonment with prison labor;

1. Scope of the recommended punishment according to the sentencing guidelines / [Scope of the recommended punishment / [Scope of the recommended punishment / General Fraud> Type 1 (less than KRW 100,00) of the Special Act on

2. In light of the fact that not only the Defendant committed the instant crime in a planned manner but also the amount of defraudation is not sufficient to commit the instant crime, and that the Defendant’s liability is not less than that of the Defendant’s crime if considered.

However, the defendant does not have any criminal record exceeding the same criminal record or fine, and his age, sex, environment, and motive and means of committing the crime.

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