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(영문) 창원지방법원 통영지원 2016.07.20 2016고단394
사기
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Criminal facts

On January 2, 2013, the Defendant made a false statement to the C office of his own operation in Yongsan-gu Seoul, Yongsan-gu, Seoul, that “The Defendant would borrow money from the Credit Guarantee Fund or obtain a loan from his parents as collateral, and thus would supply the HP computer to the existing outstanding amount.”

However, in fact, the defendant was in excess of his liability at the time.

C was in the state of the enemy and was unable to obtain a loan as security, and most of them were sold at a price below the supply price even if they were supplied by the injured party, and most of them were used for paying personal debts, etc., so there was no intention or ability to pay the cost of supply, such as computer, to the injured party.

However, the Defendant, as seen above, by deceiving the victim, received computer goods equivalent to KRW 2,277,00 on the same day from the victim, and acquired them by deceiving the victim more than KRW 114,178,80 through 30 times from February 6, 2014, as shown in the List of Crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A complaint, a statement of payment, a statement of account transactions, and a tax invoice;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Articles 347(1) and 347(1) of the Criminal Act and the choice of punishment for the crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of the recommended punishment according to the sentencing guidelines for the Supreme Court [the scope of the recommended punishment] general fraud (the amount of at least KRW 100 million, the amount of less than KRW 500 million) and the reduced area (from October to February 6) (the amount of special mitigation) is not subject to the victim's punishment;

2. Determination of sentence - Determination of favorable circumstances: The fact that the injured person wishes to have his/her wife against the accused in agreement with the victim, the fact that he/she has no particular criminal record other than a drinking driver once, and the fact that he/she reflects his/her mistake

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