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(영문) 대구지방법원 포항지원 2018.08.30 2018고단649
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

The defendant is a person who operates C.

Since June 2015, the Defendant entered into an import timber supply contract with the victim D Co., Ltd. and continued to receive the imported timber from the damaged party, the Defendant’s debt amounted to approximately KRW 4 billion, and the Defendant’s payment of wages to its employees did not properly pay a promissory note issued by the company or pay wages to its employees, which led to very aggravation in its management.

On September 2016, the Defendant, even if he/she was supplied with timber from the injured party’s office located in the Si of Gunsan, he/she had no intent or ability to settle the price normally, by deceiving the injured party through F of the transport engineer as if he/she did not have an intention or ability to pay the price normally, and thereby deceiving the injured party through F of the transport engineer, and he/she received the supply of timber equivalent to KRW 8,628,094 from the injured party on September 23, 2016, from the time on eight times until October 10, 2016, and acquired the supply of timber equivalent to KRW 81,318,65 in total, as shown in the list of crimes committed in the attached Table.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the interrogation of suspect with respect to F;

1. Statement of the police statement related to G;

1. Investigation reports (Report on the confirmation of details of supply of timber by date);

1. The head of the sales office and the electronic tax invoice;

1. Application of statutes governing judgment;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. The circumstances that are favorable to the reasons for the sentencing of the alternative sentence of imprisonment, namely, the fact that the instant damage was not small, that is, the circumstances favorable to the failure to recover the damage, namely, the fact that the instant damage appears to be a crime by willful negligence, the fact that there is no history of crime exceeding the fine, the fact that there was no damage inflicted on the victim itself indicates the sentiment of the crime, and the motive, means and consequence leading up to the instant crime, the circumstances after the commission of the crime, the age of the Defendant,

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