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서울중앙지방법원 2015.12.10 2015고단6462
사기
Text

A defendant shall be punished by imprisonment for not more than ten 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: (a) operated the original supplier of the C Building 302 “D” with the trade name “D”; (b) sold the original goods supplied by the original supplier, or (c) formed and sold the original goods by using the original goods; and (d) around August 2009, the Defendant stated that “The supply of the original goods after a month would change the price to be paid to the victim E in a normal manner.”

However, the Defendant suffered a loss equivalent to KRW 150 million due to the nuclear power supply in spring in 2009. Accordingly, the Defendant was unable to pay the cost of the nuclear power supply to the existing nuclear power supplier. However, the Defendant had no intent or ability to pay the cost of the nuclear power supply to the victims because of the situation where the Defendant would have to pay the cost of the nuclear power supply to the existing trading company even if he/she sold or sold the nuclear power supply from the victims, or created and sold the nuclear power with it.

Nevertheless, as above, the defendant deceivings the victim, and is also against the victim.

9. Around 15th day of the same month, around 24th day of the same month, KRW 24,372,564, around 24th day of the same month, KRW 31,823,826, around 7 October of the same year, KRW 33,85, KRW 137, around 16th day of the same month, KRW 46,462,579, KRW 161,006, KRW 370.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol against the accused (including the substitute part);

1. Application of Acts and subordinate statutes on police statement to E;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decision 62 (1) (i.e., Supreme Court Decision 200Do140, Jan. 1, 2001); 2