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(영문) 대구지방법원 상주지원 2016.08.30 2016고단281
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

1. On January 2013, the Defendant made a false statement to the effect that “The Defendant would pay the victim the price immediately if he/she is able to supply a fright,” to the victim in the E-kimchi manufacturing factory of the victim D’s operation in the Chungcheongnam-gu Sound Group C.

However, in fact, the Defendant was not in good financial position and was in the state of net profit at the time of operation, and the corporate account was seized, and the factory was in progress and sold to the Cheongju District Court support G, and there was no intention or ability to pay the price even if it was supplied by the injured party, because the Defendant had been responsible for approximately KRW 100,000,000,000, such as transaction accounts, personnel expenses, and bonds.

Around January 16, 2013, the Defendant was supplied with a summary of KRW 10,780km and KRW 14,014,000 ( KRW 1,300 per kilogramg) up to five times on January 16, 2013, around 2,55km around 17, around 205km of the same month, around 1,890km of the same month, around 22, around 1,890km of the same month, and around 1,890km of the same month.

Accordingly, the defendant was given property by deceiving the victim.

2. On February 2013, the Defendant made a false statement to the effect that “The Defendant would immediately pay the price upon the Defendant’s supply of his/her birth,” by phoneing the said victim D to the police officer B.

However, at the time, the Defendant did not have the intent or ability to pay the price even if he was supplied with the birth from the injured party, such as the above 1. Paragraph.

Around that time, the Defendant was supplied with a growth trend of KRW 12,000 g 9,000,000 ( KRW 750 per kilogramg) from the injured party.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes for investigation reporting;

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

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (1) of the Criminal Act for the aggravation of concurrent crimes.

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