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(영문) 창원지방법원 2020.11.25 2020고단2164
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, 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 September 10, 2019, the Defendant discussed to the effect that “C” was a telephone call to the victim D at the place above “C” operated by the Defendant in the Seocho-gu, Changwon-si, Changwon-si, and that “I would pay the price without the mold by the end of the following month if I supplied Ninna boiler.”

However, in fact, the defendant has no particular property, and the monthly income is more than three million won, but he bears the obligation of about 200 million won in the name of the defendant and his family members, and gets back by credit card, and has paid interest of at least 10 million won every month, and even if he received boiler supply from the victim, he did not have the intention or ability to pay the price by the end of the following month.

The Defendant was supplied with boilers equivalent to KRW 69,774,00, total market price of KRW 10,035,00,00 from the victim’s seven market prices of R322-13 KFNgas boiler from the victim, from that time to December 5, 2019, as shown in the list of crimes, from that time, the Defendant was supplied with boilers equivalent to KRW 69,774,00 in total, as shown in the list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to report to the police statements to D on the investigation of goods delivery contracts, copies of transaction account books, and copies of commitment certificates;

1. Relevant legal provisions for criminal facts and sentencing materials that are disadvantageous to the reasons for sentencing under Article 347(1) of the Criminal Act that have the same criminal records: The defendant has the same criminal records. The amount of the fraud of this case is not small, and the economic impact suffered by the victim is not small;

As much as favorable sentencing data: Although the full payment is not made, some of the amount is paid, and an agreement is reached with the victim. Other factors such as the Defendant’s age, character, conduct and environment, motive, means and consequence leading to the instant crime, circumstances after the instant crime, and other sentencing conditions as shown in the arguments of this case are determined as ordered in consideration of the following factors.

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