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(영문) 창원지방법원 2013.11.15 2013고단2676
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On December 2012, the Defendant, as a person who operated C's shipbuilding parts processing business company D in Kimhae-si, concluded that the Defendant, on the first day of December 2012, 201, called the Defendant’s phone call to L in charge of the business of K, a corporation operated by the victim J in the above plant, thereby making a false statement that “The Defendant would supply the iron plates and pay the steel sales price by receiving it from E.

However, in fact, even if the Defendant received money from E, the Defendant did not have any intention or ability to make a normal payment of the pre-paid pre-paid pre-paid pre-paid pre-paid monthly interest due to the company’s debt amounting to KRW 3-400,000,000,000,000.

The Defendant, as such, by deceiving the victim as such, received an amount equivalent to KRW 9,592,506 from the victim around December 4, 2012; KRW 21,792,848 around December 5, 2012; KRW 7,607,60 around December 6, 2012; KRW 8,456,239 around December 8, 2012; KRW 4,67,750 on around December 11, 2012; KRW 1,141,866 on December 11, 2012; KRW 27,4274 on December 3, 2012; and KRW 3,037; and KRW 4,67,750 on around December 13, 2013; and KRW 4,67,363; and KRW 753,36,36,375,37,2012 on December 12.

Accordingly, the defendant acquired the property amounting to KRW 61,480,034 from the victim on a total of nine occasions.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to J police officers;

1. The comprehensive continuing joint and several guarantee letter, the trading ledger, the shipment accounting certificate, the business registration certificate, the copy of the tax invoice issued by the complainant, the statement of acceptance, the business invoice issued by the defendant, the tax invoice for the settlement of disputes, the certificate of the transfer of the register of real estate to the defendant company, the pertinent legal provisions and the choice of punishment for the criminal facts applicable to the law in the application of the copy of the register of real estate to the defendant company: the defendant's reasons for sentencing under Article 347(1) of the Criminal Act (a) is against the time when committing a crime; while operating the shipbuilding parts processing company, the company is in a yellow situation.

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