(영문) 의정부지방법원 2016.02.01 2015고단3498

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자간(%)

(영문) 의정부지방법원 2016.02.01 2015고단3498

사기

Text

A defendant shall be punished by imprisonment for four months.

However, 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

On February 9, 2015, the Defendant’s “C” from the Defendant’s operation “C” located in Dongducheon-si B to the victim D by telephone, and the Defendant’s delivery of the street to the victim D.

2.16. Preferentially, 10 million won shall be paid and the remainder shall be paid;

2. The payment will be made in 23.

“.....”

However, at the time of fact, the Defendant’s payment of approximately KRW 110 million to the Customer was in default, and there was no intention or ability to pay the price even if the Defendant’s payment was made from the injured party, because the Defendant’s house and the goods within the said steel store were seized, and all of the sales of the said steel store were used to pay the said debt.

On February 10, 2015, the Defendant, by deceiving the victim, was supplied with 22,602,580 g at the market price of KRW 22,990 at around February 10, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. Statement made by the police against D;

1. Application of name cards, certificates of origin, certificates of content, electronic tax invoices, and transaction-related Acts and subordinate statutes;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the recommended punishment according to the sentencing criteria / [type] the basic area (within 100 million won) of types 1 of general fraud;

2. The Defendant, who was supplied with goods in the first transaction with the victim, failed to pay the goods at all. In addition, there is considerable room to view that the Defendant was punished by imprisonment with prison labor on August 27, 2008 for the following reasons: (a) the Defendant had been sentenced to imprisonment with prison labor on August 27, 2008 for the first time by fraud, etc. (the Defendant was sentenced to imprisonment with prison labor for a period of two years on August 27, 2008).

However, the defendant is against the confession of the crime, and part of the defendant is made after the complaint.

참조조문

-형법 제62조 제1항

-형법 제347조 제1항

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