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(영문) 창원지방법원 2016.05.04 2016고단306
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On May 29, 2014, the Defendant was sentenced to eight months of imprisonment for fraud at the Changwon District Court, and completed the execution of the sentence at the Changwon Prison on October 18, 2014.

The defendant is a person who operates a manufacturer of steel structure of F's trade name.

On April 7, 2015, the Defendant should process the victim P who operates a steel wholesale wholesale retail business with the trade name of O in the N cafeteria located in Busan Dong-gu, Busan, to supply H-BAM steel to the KB structure and use it at the factory construction site.

The phrase “to pay the price of goods after one week” was false.

However, in fact, F, which is operated by the defendant, did not pay 30 million won for personnel expenses and did not pay for the goods of the trading company, and even if he received steel from the injured party due to financial poor conditions such as failure to pay for the goods of the trading company, he did not have any intent or ability to pay for the goods.

On April 8, 2015, the Defendant received from the injured party the delivery of H-BEM steel products worth KRW 30,230,638, and KRW 49,662kg from the KB structure of the KB, which was located in 30-6 above FF in the upper dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police report on Q Q, R, P, and S;

1. Investigation report (Submission of Details of Account Transactions in Q Q account), details of Account Transactions in the name of a witness Q Q, investigation report (Submission of Account Transactions in T name of a suspect) and details of Account Transactions in T name;

1. Previous convictions in judgment: Inquiry about criminal history, application of the Changwon District Court Decision 2014No. 495 to one copy of the sentence, and application of Acts and subordinate statutes to investigation reports (the confirmation report on the date of release);

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

1. Reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes [the scope of recommending punishment] General Frauds Type 1 (less than KRW 100 million) (one year to two years and six months).

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