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(영문) 대구지방법원 김천지원 2017.04.25 2016고단1969
사기
Text

A defendant shall be punished by imprisonment for six 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 March 2013, the Defendant requested the processing of mechanical parts, such as a strings and enjoying, in the E office operated by the victim D, which seems to pay the price to the victim, at the E office operated by the victim D in the Gu-U.S. Si around 2013.

However, in fact, the Defendant did not have any particular property or income, and was only liable for 12 million won, and there was no intention or ability to pay the money even if the Defendant received the parts of the machinery from the injured from another place and received the payment from the latter.

Nevertheless, the Defendant: (a) requested the Defendant to process the parts of the machinery to the victim; and (b) did not pay KRW 13,750,000 as the price for the parts, even after being processed and supplied by the said E office around April 30, 2013; and (c) obtained the same pecuniary benefits.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Investigation reports (in relation to suspect delivery companies), investigation reports (Attachment to decisions of small amount on trial against suspect);

1. Application of Acts and subordinate statutes on trading specification lists;

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. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Application of the sentencing criteria [the scope of the recommended punishment] General Fraud (less than KRW 100 million) in the basic area (from June to one year and six months) (the person who is subject to special sentencing)

2. The Defendant, having no ability to pay the price, received the parts of the machinery from the injured party, and acquired the pecuniary profit equivalent to KRW 13,750,000, which is the amount equivalent to the said amount, from the injured party.

The damage of the victim was not recovered.

However, the defendant is against the law.

A defendant has no record of criminal punishment for the same crime, and has no record of criminal punishment exceeding a fine.

The defendant's age is the above circumstances.

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