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(영문) 청주지방법원 충주지원 2015.11.27 2015고단303
사기
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around September 24, 2014, the Defendant: (a) at the D office operated by the Defendant in Chungcheongnam-si, the victim Thai Industries Co., Ltd.; and (b) at the D office operated by the Defendant, the fact that the temporary materials leased from other companies could not be arbitrarily sold and returned; and (c) even if the Defendant leased the temporary materials from the victim without any construction site in progress, he was in his possession or intent to sell them at will; and (d) there was a situation in which the other company and the victim cannot be obliged to pay the temporary rent for the temporary materials; and (e) even if the sales proceeds are the construction businessman who has established the studio and electric house in Chungcheongnam-si at the time of Chungcheong-si, and if the temporary materials are needed to be used at the construction site, the Defendant would pay the monthly rent for each month, and the said temporary materials will be immediately returned upon the expiration of the lease period, and (e) the Defendant acquired the total amount of KRW 2610,800,000 from September 25 to January 27, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of suspect examination of the accused (including record of E statement);

1. Each police suspect interrogation protocol of F, G, and H;

1. A complaint (including attached documents), purchase book, details of entry and withdrawal transactions, purchase status, sales and transactions status, statement of transaction status, receipt certificate, receipt certificate, order form, tax invoice, paper paper, and receipt without passbook;

1. Application of Acts and subordinate statutes to each investigation report (including attached documents);

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommending punishment] is general fraud (the amount of KRW 100 million or more, and the amount of KRW 500 million). In a case where punishment is not imposed or considerable damage is recovered (the amount of punishment to be imposed in October to February) or considerable damage is reduced (the amount of punishment to be imposed], two years of imprisonment, suspension of execution, four years of probation, social service, and the defendant acquired by deception.

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