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(영문) 대구지방법원 김천지원 2018.05.01 2017고단1890
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant is a person who operates a manufacturer, such as parts processing, automobile equipment processing, etc., with the trade name of “C” in the old and American City B.

In November 2016, the Defendant would supply the equipment server to the victim D in the above C Office to the victim D in November 2016, and pay the price without the mold by the end of the following month.

The phrase “ makes a false statement.”

However, in fact, the Defendant had been liable for the amount of KRW 00 million at the time, and even if the Defendant had been supplied with the equipment, the Defendant requested the Defendant to supply the same product to the victim because the transaction was not made, and even if the Defendant was paid the price of the goods from the original subcontractor, the Defendant did not have any intent or ability to pay the price of the goods to the victim even if the Defendant was supplied with the equipment, because it was planned to use the goods for all expenses necessary for the operation of the Company, such as the employee’s pay, the equipment rent, and the payment of the goods from the original subcontractor.

Around November 30, 2016, the Defendant: (a) by deceiving the victim; (b) obtained pecuniary benefits equivalent to KRW 35,200,000 from the victim; (c) around December 31, 2016; (d) around 44,880,000; and (e) obtained pecuniary benefits equivalent to KRW 627,00,00 from the supplier of equipment; and (e) did not pay KRW 70,707,00,000, out of the price, on January 31, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to investigation reports (referring to the attachment of a detailed statement of account transactions);

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense, Article 347 (1) of the Criminal Act concerning the selection of punishment, and reasons for sentencing of imprisonment;

1. Application of the sentencing criteria [the scope of the recommended punishment] General Fraud (less than KRW 100 million) in the basic area (from June to one year and six months) (the person who is subject to special sentencing)

2. The defendant who was sentenced to sentence reflects the crime of this case.

The defendant has no history of criminal punishment.

However, the defendant is the victim.

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