logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 순천지원 2018.11.09 2018고단1683
사기
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 12, 2017, the Defendant was sentenced to ten months of imprisonment for fraud at the Gwangju District Court, and the judgment became final and conclusive on June 21, 2017.

On August 30, 2017, the Defendant was sentenced to one year of imprisonment for the same crime in the same court, and the judgment became final and conclusive on November 23, 2017.

The Defendant, a person who had been operating the company D in Hagu-gun, the company had been subject to provisional seizure equivalent to KRW 347 million from the trading companies since the second half of 2014 due to the shortage of operating funds, and the amount of debts as of the end of February 2015 exceeded the total amount of KRW 3.347 million, and accordingly, the Defendant considered the application for rehabilitation proceedings around February 3, 2015 and had no intention or ability to pay the amount of debts even if the goods were supplied to the business company around that time due to the application for rehabilitation proceedings with the Gwangju District Court around March 3, 2015.

Nevertheless, on February 12, 2015, the Defendant called the victim E to the F, who operates the victim E, and supplied 88 crosswalks, including the crosswalks equivalent to 25 million won at the market price, and received 88 copies, including the crosswalks, from the victim, around February 24, 2015, the Defendant supplied 25,520,000 won at around February 24, 2015.

In addition, on February 17, 2015, the Defendant was supplied 90 street lamps equivalent to KRW 44,550,000 at the market price on March 3, 2015, to the effect that “on the face of supplying 90 street lamps equivalent to KRW 44,400,000 at the market price, the Defendant called the said F and received 90 street lamps from the victims.”

In this respect, the defendant received property equivalent to 70,070,000 won in total from the injured party twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Investigation reports (to hear statements by complainants) and investigation reports (to conduct counter telephone investigations by complainants).

arrow