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(영문) 대전지방법원 천안지원 2018.02.09 2017고단2104
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant operated a corporation with the trade name of "C" for the purpose of wholesale retail such as feed and trade, and around June 1, 2015, the defendant sold it to F of the victim E Co., Ltd.'s director in Seo-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seoul, and sold it to "C on the face of supplying Oren's land to "on the face of the end of the month" to pay the price.

“.........”

However, the Defendant, at the time, has reached a total of KRW 40 million and has not been able to repay debts according to the existing individual rehabilitation decision for several years. Thus, even if he sold the siren supplied by the injured party, he was thought to use it as a means of living expenses, repayment of debts, etc., and there was no intention or ability to pay the amount.

The Defendant: (a) by deceiving the victim on June 11, 2015; (b) obtained a total of KRW 2,322,000 from the victim; (c) KRW 2,322,00 from the victim on June 15, 2015; (d) KRW 2,322,00 from June 18, 2015; (e) KRW 2,322,000 from the victim on June 18, 2015; (e) KRW 2,32,000 from the victim on June 25, 2015; (e) KRW 2,150,000 from the victim on June 30, 2015; (e) KRW 2,160,000 from the victim on July 10, 2015; and (e) obtained a total of KRW 3630,370,746,306,74636,79.

Summary of Evidence

1. Statement by the defendant in court;

1. Part G of the protocol concerning the interrogation of the suspect against the defendant in the prosecution room

1. Application of investigation reports (Submission of evidentiary materials for the supply of goods), the commissioner of a customer, and the electronic tax invoice;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The basic area (from June to June) of the sentencing criteria [the scope of the recommended punishment] and the basic area (from June to June) of the type No. 1 of the general fraud (the scope of the recommended punishment is less than KRW 100 million) (the person who has no special sentencing seal);

2. The amount of damage caused by the determination of sentence is significant, and most of the damage has not been recovered up to now.

However, the defendant recognizes his mistake and is against his will.

previous convictions and;

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