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(영문) 수원지방법원 안산지원 2014.01.08 2012고단1126
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On June 1, 2010, the Defendant made a false statement to the victim D, stating, “When manufacturing a ice risk tank at our company, the scrap metal will take effect at least 2-3 tons in one month. To collect KRW 10 million from advance payment, the Defendant would collect it as advance payment.”

However, in order to cause a scrap metal to a level of two to three tons per month, a water tank shall be manufactured in an amount equivalent to 60 million won per month. However, Defendant Company did not have any intent and ability to supply scrap metal to the victim, for instance, since January 2010, the monthly sales of which caused the failure to obtain an order to manufacture a water tank does not exceed 10 million won.

As above, the Defendant, by deceiving the victim, received KRW 10 million from the victim in cash, and acquired it by deception.

Summary of Evidence

1. Prosecutions and police interrogation protocol of the accused;

1. Application of the police statement law to D;

1. Article 347(1) of the Criminal Act and Article 347(1) of the Criminal Act regarding criminal facts, the reason for sentencing choice of imprisonment with labor does not specify, and the damage was not completely recovered even after a considerable period of time has already elapsed since the date of the crime. The Defendant, who was aware by this court of the fact that the trial was in progress through several calls, did not appear at the court one time and did not appear at the court, and the Defendant’s age, character and conduct, environment, criminal record relation, etc. shall be determined as per the order

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