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(영문) 의정부지방법원 2019.05.24 2019고단298
사기
Text

A defendant shall be punished by imprisonment for 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

The defendant is the actual operator of the Co., Ltd. Co., Ltd. Co., Ltd. in Sacheon-si.

Around March 26, 2018, the Defendant promised to the effect that “The price of this month shall be settled by the end of the following month” to the employees E of the victim-based LAD in the above factory to the effect that “the victim-based LAD will immediately supply the domestic lecture materials.”

However, in fact, even if the victim was supplied with domestic franchising materials and processed and sold them, the victim did not have an intention or ability to pay the proceeds to the victim as promised to use them for the company's operating expenses, other delivery places, etc.

As above, the Defendant, by deceiving the above E, received from the victim on March 26, 2018, the delivery amounting to KRW 18,421,200 from the victim to KRW 27.09 tons of the annual steel product equivalent to KRW 18,692,100, and the supply amounting to KRW 27.09 tons of the annual steel product equivalent to KRW 18,692,100, and the supply amounting to KRW 19,383,000 on April 25, 2018, respectively, and acquired the total amount of KRW 56,496,300 (excluding value-added tax) by being supplied with KRW 81.87 tons of the annual steel product equivalent to KRW 19,383,00.69.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A complaint;

1. Business registration certificate;

1. Each tax invoice;

1. A certificate of delivery of products;

1. EachF set;

1. Response upon a request for cooperation in investigation;

1. Each report on investigation;

1. A statement of trading, etc.;

1. Details of each G supply;

1. Application of statutes on the details of G deposit;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment (generally, choice of imprisonment);

1. Article 62 (1) of the Criminal Act;

1. The Defendant, while operating H, closed his/her business around March 2017 in a state where he/she owed a debt of KRW 200 million in the amount of KRW 200,000,00,000, in a mitigated area (type 1) of less than KRW 100,000,00 in general fraud (type 1: imprisonment, not more than one year, and special mitigation factors: damage to considerable portion) according to sentencing guidelines based on sentencing guidelines for the reasons of sentencing under Article 62-2 of the Criminal Act.

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