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(영문) 창원지방법원 통영지원 2016.01.15 2015고단1047
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a partner company of Sungdong Shipbuilding Marine Co., Ltd., which was established for the purpose of vessel repair business, etc., and actually operated B.

On November 2014, the Defendant received from the above company office located in C around Young-si, 2014, “The Defendant received from the above company the production of vessel block from the above Sungdong Shipbuilding Sea,” and paid the price without molding the work for the production of vessel block.

“The victim believed to the effect that it was “,” and the victim completed the work requested by the Defendant from November 14, 2014 to January 5, 2015.

However, in fact, the Defendant had already failed to pay KRW 150 million from the above Sungdong Shipbuilding sea, so even if he produced and supplied the block received, he could not be paid the price, and the Defendant was liable to pay more than KRW 300 million to the branch. The Defendant had aggravated economic conditions to the extent of delayed payment of the company’s wages to the employees, and thus did not have the intent or ability to pay the price even if he did so.

Accordingly, the defendant, by deceiving the victim, had the victim take care of the amount equivalent to KRW 18,142,00, and acquired pecuniary benefits equivalent to the same amount.

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 on investigation reporting;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of favorable circumstances among the following grounds for sentencing);

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 criteria and the basic area (from June to June) of Class 1 (less than KRW 100,000) shall be the person who has no special sentencing:

2. Determination of sentence - Determination of sentence - Unfavorable circumstances: An agreement with the victim or recovery from damage, although the amount of damage is not substantial.

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