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(영문) 대전지방법원 서산지원 2016.08.11 2015고단893
사기
Text

The punishment of the accused shall be determined by six months of imprisonment.

Reasons

Punishment of the crime

The Defendant entered into a contract for the installation of a new studio product with the owner of the studio in Jin-si, and then purchased and installed the studio product from the owner of the studio, and received the price and the fee for the installation from the owner of the studio product (hereinafter referred to as the “cudio broker”).

On June 13, 2014, the Defendant would install 37 air conditioners in D original room, 15,540,000, 36 air conditioners, 9,720,000, 35 air conditioners, 11,471,250, 39 television units in 11,70,000 won.

The phrase “ makes a false statement.”

However, at the time of the fact, the Defendant did not pay approximately KRW 90,000,000,000 which was not paid to the E, a member of the household appliances business, as well as approximately KRW 73,00,000,00 of personal debts. Therefore, even if the Defendant received the payment from the injured party, it was intended to appropriate the outstanding amount or to use it as personal debt or living expenses, and there was no intention or ability to supply the household appliances to the injured party without delay.

The Defendant, from June 13, 2014 to September 12, 2014, transferred KRW 48,870,000, in total, to the Agricultural Cooperative Account (Account Number:F) in the name of the Defendant, over five occasions between the damage and the damage.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

1. Application of the details of ordinary deposits trading, copies of passbooks, and the Kakao text message statutes;

1. Relevant legal provisions regarding criminal facts, Article 347(1) of the Criminal Act regarding the choice of punishment, grounds for sentencing of sentence of imprisonment [the scope of recommendation] and the basic area (from June to January to June) (the decision of sentence] (the decision of sentence is made], and it is inevitable to sentence a sentence on the ground that the victim does not recover from damage.

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