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(영문) 부산지방법원 2016.01.29 2015고단7252
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On October 31, 2014, the Defendant stated to the effect that “D” operated by the Defendant in Kimhae-si Co., Ltd., the Defendant issued bills corresponding to the volume of “E” to the victim F who operates E, and would settle bills for about four months.

However, at the time of fact, the Defendant was liable for the debt amounting to KRW 100 million to the bank, credit card company, capital, credit guarantee fund, private person, etc., and there was a accumulated accumulated amount in the process of operating the business in order to prevent the refund of the goods that were supplied due to the difficulties in the financial situation of “D” from being immediately disposed of, and settlement of bills with the maturity of the settlement date of each month, and thus, there was no intention or ability to repay the amount of the goods supplied by the customer.

As above, the Defendant: (a) by deceiving the victim as above and being supplied with a fishing gear equivalent to KRW 31,963,80 in total at the market price on the same day from the victim; and (b) from October 1, 2014 to February 2015, the Defendant was supplied with goods equivalent to KRW 263,430,125 in total at the market price from the victims as indicated in the list of crimes committed in the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Part of the protocol concerning the examination of the suspect against the defendant;

1. Each protocol concerning G, H, F, I, J, K, and L;

1. Details of obligations, including a complaint, a statement of default on payments, the commissioner of a customer, a statement of delivery, a certificate of confirmation, a monthly sales ledger, a written request, and a statement of financial status;

1. Application of Acts and subordinate statutes to a report on investigation (report on confirming the amount of damage);

1. Article 347 (1) of the Criminal Act, the selection of punishment for a crime under the relevant provision of the Act, and the selection of imprisonment;

1. The grounds for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes [the scope of recommendations] [the grounds for sentencing under Article 38(1)2 and Article 50 of the Criminal Act / [the scope of recommendations] the basic area (8 to 4 years), which is the type 2 (not less than KRW 100 million, but less than KRW 500 million): There is no rise in the first step (a person subject to special sentencing] of the type of concurrent crimes (a decision of sentencing] as a result of combined crimes, and damage therefrom.

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