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(영문) 대전지방법원 논산지원 2016.04.19 2016고단95
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

On September 10, 2015, the Defendant called “H-BAM 26,610km” to G staff members of the steel company at the E office located in the JJ of the YJ of the YJ of the YJ of the YJ of the YJ of the YJ of the YJ of the YJ of the YJ of the YJ of the YJ of the YY. The payment will be made in cash

“The phrase “ was false.”

However, the Defendant, at the time of each month, was liable to the other transaction parties for approximately KRW 150 million, and even if the Defendant received the said steel goods from the victim company, he did not sell them normally but used them to repay the obligations to the other transaction parties at the intermittent value, or used them to repay the obligations to the financial institutions due to loans such as selling cash services, etc. at the intermittent value, so the Defendant did not have any intent or ability to pay the said amount even if the Defendant received the said steel goods from the victim company.

Around October 30, 2015, the Defendant, by deceiving the victim company, received H-BEM 26,610km equivalent to the market price of KRW 18,53,755 on or around October 30, 2015, and continued to receive H-BEM 80,010km equivalent to the market price of KRW 55,886,985 on or around November 2, 2015.

Accordingly, the Defendant, by deceiving the victim company, was issued a total amount of H-BAM amounting to KRW 74,440,740 in total, KRW 106,620 km from the victim company.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement of the police statement related to G;

1. Application of the Acts and subordinate statutes to the complaint;

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. Reasons for sentencing under Article 62(1) of the Criminal Code of the Suspension of Execution [Scope of Recommendation]: General fraud (1) type 1 (not more than 100 million won) and the mitigation area (1 to 1 year) [Specially mitigated person]: Non-won of Punishment [Determination of Punishment] reflects the defendant's wrong, the defendant made a smooth agreement with the victim, and the defendant was punished twice as a fine.

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