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(영문) 인천지방법원 2014.11.20 2013고단7013
사기
Text

A defendant shall be punished by imprisonment for a term of one year and three months.

Reasons

Punishment of the crime

On October 1, 2012, the Defendant entered into a contract with the F office of Jung-gu Incheon, Jung-gu, Incheon, under which the Defendant was supplied with typists for domestic bus trucks from the victim G from October 1, 2012 to September 30, 2014, to pay the price after 50 days from the end of the month of delivery.

However, the defendant was supplied with typists by the victim and tried to repay obligations that have not been settled with other existing business entities by using typists and sales proceeds, and the defendant did not have any intention or ability to pay the amount even if he is supplied with typists from the victim.

Nevertheless, the Defendant acquired the total amount of KRW 6,864,99 on October 30, 2012 from the victim; KRW 32,121,00 on November 9, 2012; KRW 64,628,993 on November 9, 2012; KRW 64,581,488 on December 4, 2012; KRW 32,130,113; KRW 29,751,981 on December 22, 2012; KRW 11,74,748,00 on December 11, 2013; and KRW 64,588,57,979 on December 14, 2013; and supplied the total amount of KRW 97,585,67,97588; and KRW 29,586,587,67,97.685 on December 29, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness G;

1. The police statement concerning G;

1. A complaint (including attached documents);

1. Application of Acts and subordinate statutes of each investigation report;

1. The reason for sentencing under Article 347(1) of the Criminal Act and Article 347(1) of the Selection of Punishment Act [Scope of Recommendation] There is no basic area (10 million won or more, or less than 500 million won) (1 to 4 years) (1 to 50 million won) (a decision of sentence] (a decision of sentence] of the crime of this case, the damage recovery is not performed properly despite the very high amount of damage caused by the crime of this case, and there is no agreement with the victim, etc., the sentence of sentence is inevitable for the defendant.

However, the fact that the defendant has led to the crime of this case and is against the law, that part of the victim has been repaid, and that the defendant has made efforts to pay damages in the future.

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