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(영문) 청주지방법원 충주지원 2018.02.06 2017고단961
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant is a person who engages in the business of leasing wres with the trade name of “C” in the Chungcheong-gun B, and the victim D is a person who engages in the business of leasing wres in the trade name of “F” in the Chungcheong-gun E.

On April 2013, 2013, the Defendant need to have the victim work within the H plant located in the Haak-gun of the Haakbuk-gu by telephone.

It is intended to pay the cost of using cream equipment by a company managing the above factory on the face of the lease of cream.

“.....”

However, the defendant did not have any intention or ability to pay the equipment rent to the victim, even if he received the payment from the company managing the above factory in full, because he was planned to use it as operating expenses, such as the repair cost and installment of the vehicle owned by the "C".

Nevertheless, the Defendant, by deceiving the victim, did not pay the cost of using equipment, even though he was given a total of KRW 27,500,000 from the victim on 41 occasions, as shown in the list of offenses, including the fact that the Defendant had the victim rent cream at the above work site.

In this respect, the Defendant acquired pecuniary benefits by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. A complaint filed in D, a statement of transactions, a statement of transactions made in I, and a statement of transactions;

1. 34 copies of a daily work by date of the head of the daily work; and

1. A transaction statement of the C corporation account;

1. Application of Acts and subordinate statutes to each investigation report (Submission of data by a complainant and submission of suspect data);

1. Relevant Article 347 of the Criminal Act and Article 347 of the Criminal Act (referring to frauds, inclusive) and reasons for sentencing choice of imprisonment with prison labor;

1. The scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] is the basic area (6 months to June 1, 200) of the type 1 (less than KRW 100 million).

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