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(영문) 수원지방법원 안양지원 2016.07.19 2015고단970
사기등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

(e).

Reasons

Punishment of the crime

[criminal history] On February 12, 2015, the Defendant was sentenced to a two-year suspended sentence of imprisonment for fraud, etc. in the support for the development of the Suwon method, and the judgment became final and conclusive on February 24, 2015.

[2] The Defendant, at the office of “Co., Ltd. E” located in Ssung City around August 2013, 2013, is running a business in the name of another person because it is impossible to perform the business in the name of B due to a serious failure to perform the business in the name of B.

A false statement was made that the goods of KRW 20 million will first be settled on the face of the owner, and then will be brought to the next goods.

However, the Defendant has already reached KRW 120,000,000,000,000 for the debt of the Defendant to the branch, and the debt of the Co., Ltd. reaches KRW 500,000,000, and did not pay particular profits from the above business, and H, which was established in the same place and was involved in the management of the Defendant, did not have good financial standing. Therefore, even if the Defendant received steel products from the injured party, there was no intention

Nevertheless, the Defendant supplied steel products worth KRW 187,913,429 from time to December 2013 by the injured party.

Accordingly, the defendant was given property equivalent to the same amount owned by the victim by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of suspect by the prosecution, and a protocol concerning the examination of suspect against the accused (two times);

1. Statement made by the witness G in the second public trial records;

1. Statement made by the witness I in the third public trial protocol;

1. Part of the witness J’s legal statement;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of judgment);

1. Relevant Article 347 of the Criminal Act and Article 347 of the Criminal Act and the choice of punishment for the crime;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Determination on the assertion by the defendant and his/her defense counsel under Article 62(1) of the Criminal Act

1. Steel products in the facts constituting the crime of the defendant and his defense counsel are under H’s name.

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