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(영문) 부산지방법원 동부지원 2017.03.15 2016고단2349
사기
Text

1. The defendant shall be punished by imprisonment for one year;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

The Defendant is the actual operator of the Dispute Resolution Co., Ltd. from October 25, 2014 to July 2015.

On October 22, 2014, the Defendant: (a) on October 22, 2014, to the representative E of the victim D (State) who was working to supply the main household at a non-commercial area of Busan (hereinafter referred to as the “Saembibibibibibi).

If the main household, etc. is supplied, it is said that the price will be paid by the 10th of the following month for the goods supplied.

However, in fact, the Defendant did not have an intention or ability to pay the price in time at the time of promising the payment, even if the Defendant was supplied to the principal household from the injured party because of the shortage of funds, such as lending the amount of KRW 100 million to the Defendant’s property or bond construction without any particular profit.

The Defendant: (a) by deceiving the victim as above; (b) obtained a household, including 113,100,000 won in total at the construction site of G and H from the early December 2014 to the early February 2, 2015, from the victim of the damage; and (c) acquired the said household from the victim, such as 113,100,00 won in the field of the said construction site; and (d) acquired the said household by deception.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on the statement protocol to I;

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

1. The reason for sentencing of Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] general fraud [the grounds for sentencing of Article 62(1) of the Criminal Act / [the scope of the recommended punishment] / [10 million won or more, or less than 500 million won] in the mitigated area (10 to two months] [the prosecutor's opinion] in the case of intentional deception or in the case of weak degree of deception [the prosecutor's opinion] / two years of imprisonment [the sentence] / one year of suspended sentence / one year of imprisonment / one year of suspended sentence, the defendant acquired money and valuables in the aggregate amount of KRW 110 million from the injured party. The defendant did not recover the damage, the defendant also did not receive the payment from the contracting party, and the defendant did not pay the amount to the victim.

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