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(영문) 창원지방법원 2018.12.06 2018고단2319
사기
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On March 16, 2011, at a place where around 15:00 cannot be known, the Defendant called the Victim D Co., Ltd., Ltd. located in Kimhae-si, and the Defendant called the victim E, the representative of the victim company, “the contract for construction work was received, and the contract price was paid on April 25, 201.”

The electrical equipment is supplied on credit, and the construction cost will be paid without the mold.

“The phrase “ was false.”

However, facts have been operated by the defendant at the time.

F Co., Ltd. did not have any particular income, and there was a debt of KRW 15 million, and there was a lack of on-site expenses and personnel expenses of its employees, so there was no intention or ability to pay the price even if the former equipment was supplied from the injured party.

Nevertheless, the Defendant: (a) by deceiving the above E as above, received all equipment such as 19,50,200, a total market price of which is equivalent to KRW 8,463,60 on March 19, 201 from the victim company; (b) electric equipment, such as dong branch, etc. of Dong branch, etc. of an amount of KRW 5,19,300 on April 8, 201; and (c) electric equipment, such as Dong branch, etc. of an amount of KRW 5,837,300 on April 20, 201, from the victim company; and (d) issued all equipment, such as Dong branch, etc. of Dong branch, etc. of an amount of KRW 5,837,300 on April 20, 201.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 347 (1) of the Criminal Act, and the choice of imprisonment, inclusive, with prison labor under Article 347 of the Criminal Act and the choice of applicable laws and punishment for the crime

1. Article 62 (1) of the Criminal Act (the fact that the crime is dead and reflectd, and is weak to commit the crime);

The fact that there is no record of punishment for the same criminal record or excess of fine, the fact that the injured person wants his/her wife by agreement with the injured person, the age, sex, environment, circumstances leading to the crime, circumstances after the crime, etc.

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