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(영문) 수원지방법원 2015.09.23 2015고단2808
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date of the final judgment.

Reasons

Punishment of the crime

On May 2014, the Defendant made a false statement to the effect that “D office” in the Defendant’s operation “D” office located under the 640 of the Gaeung-gu Seoul Building 640, which calls for victims E to pay the amount by the end of July.”

However, in fact, since from around 2004, the Defendant was in bad credit standing to pay approximately KRW 700 million, and there was no intention or ability to pay the amount even if the Defendant received parts from the victim, because the Defendant had to use all the construction cost to be paid at the other site as repayment, living expenses, etc. at the time.

The defendant from May 31, 2014 to the same year from the victim.

6. By the end of 28.28, a total amount of 28,919,385 won was supplied with mine bed parts for mine bed parts.

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

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement concerning F;

1. Details of transactions, such as a statement of order, G tax invoice, and deposit certificate;

1. Application of Acts and subordinate statutes to investigation reports (investigation into a user of the G construction cost);

1. Article 347 (1) of the Criminal Act applicable to the crime;

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

1. In light of the fact that the payment of reasons for sentencing under Article 62-2 of the Probation Criminal Act is uncertain, in light of the fact that goods transactions are committed in trust by customers, and that there are no specific criminal convictions against the Defendant, and that some of the amount of damage is returned or the amount of damage is repaid in small amount, and that there are circumstances in which the amount of damage has to be appropriated first in living expenses due to poor management of the Defendant’s business, it is determined as above in light of all the reasons for sentencing.

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