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(영문) 인천지방법원 2015.11.12 2015고단5948
사기
Text

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

On January 13, 2011, the Defendant was sentenced to two years of suspension of the execution of imprisonment with prison labor for fraud, etc. in the Goyang Branch of the District Court on August 13, 201, and the judgment became final and conclusive on January 21, 201.

On November 29, 2010, the Defendant made a false statement that “The Defendant supplied building materials to various sites, but did not currently receive money, and eventually did not make payments to the company of the Ganangggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggg

However, in fact, the Defendant had no intent or ability to pay the above debt amount to the victim at the time when the Defendant had not been 100 million won due to the bad credit standing. The Defendant had no intention or ability to pay the debt amount to the victim at the time when the debt amount was 100 million won under the bad credit standing.

Therefore, the victim has caused the victim to be exempted from the above obligation of the Ansanll, thereby allowing the third party corporation to be exempted from the above obligation, so that the third party corporation has the third party acquire financial benefits equivalent to the above amount.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Transfer contract of claims;

1. Previous records of judgment: Application of criminal records, inquiry reports and criminal investigation reports (a copy of judgment, such as fabrication of securities of a suspect, shall be attached);

1. Relevant Article 347 (2) and (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 62(1) of the Criminal Act (including two times the same kind of punishment) provides three times the suspended sentence for the reason of sentencing (including the favorable circumstances among the reasons for sentencing) and the fine.

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