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(영문) 의정부지방법원 2019.07.16 2019고단519
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

The Defendant is a person who was operating a manufacturer called “B”.

On July 19, 2016, the Defendant made a false statement to the victim C, stating that “The Defendant will deposit the price into the account or pay it in bills with the settlement account as of the end of the following month, according to the letter of order issued.”

However, the Defendant did not have any intention or ability to pay the price of the goods even if he received the above provisional payment because the Defendant had a large amount of debt such as the Bank loan amount of KRW 20,300,000,000,000,000,000,000 won.

Accordingly, the defendant deceivings the victim as above, and up to September 8, 2016, 3,000 bits from the victim, and the same year.

9. Around 24.20 2,90 Twits and 3,800 Twits and 3,800 Twits and 1,750 Twits and 20,525 delivered around October 22 of the same year at the market price, including 1,523,250 Twits and 11,525.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of the police against the accused (two times, replacement);

1. Statement of statement to D and power of attorney;

1. A complaint;

1. Application of the Acts and subordinate statutes of a written estimate, ledger of E-sale, business registration certificate, ordering document, and detailed statement of transactions;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting the crime, Article 347 (1) of the Criminal Act selection of the penalty, and reasons

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of recommendation [decision of types] according to the sentencing guidelines and there is no person who is less than KRW 100 million [the category 1] (the scope of recommendation field and recommendation range] and the basic area of recommendation [the scope of recommendation field and recommendation range], six months to one year and six months.

3. The decision of sentence has not yet been made up of the date of recovery of damage, the victim's wishing to punish the defendant, the amount of damage, the defendant's criminal records exceeding the same criminal records or fines, and the age, character and conduct and environment of the defendant, motive, means and consequence of the crime, circumstances after the crime, etc.

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