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(영문) 창원지방법원 2015.08.04 2015고단714
사기
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

From February 10, 201 to December 5, 2014, the Defendant operated D in the window C of Changwon-si and sold steel materials.

On September 2014, the Defendant stated in the above D that “on the credit of steel materials, if you are supplied to the representative F of the Victim E Co., Ltd., the price will be paid on the last day of each month.”

However, the Defendant had failed to pay for steel products since the end of 2013, and it lost the amount equivalent to KRW 70,000,000,000,000,000 for the stock investment in the policeman in 2013. At the time, the Defendant sold steel products at a price lower than the steel price paid for the purchase of steel products and had no intent or ability to pay for steel products even if the Defendant was supplied with steel products from the victimized company due to extreme aggravation in financial condition.

around September 30, 2014, the Defendant received steel equivalent to KRW 126,298,293 at the market price as the purchase name of steel from the victim in the above D around September 30, 2014, and received steel supply from the victims in total of KRW 438,024,69 at the market price from around that time to December 1, 2014 by the following methods:

Accordingly, the defendant was provided property by deceiving the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement of G and H;

1. Application of each statute on filing of a complaint;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommending punishment] is general fraud (the amount of KRW 100 million or more, and the amount of KRW 500 million). In the area of mitigation (10 to 200,000) [the person subject to special mitigation], in the area of mitigation (10 to 206], or in the case where considerable damage was recovered (the decision of sentence], the scope of damage caused by the instant crime is large, the Defendant partly repaid the amount of damage and agreed with

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