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(영문) 수원지방법원 안산지원 2018.03.14 2017고단3643
사기
Text

A defendant shall be punished by imprisonment for six 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 March 2016, the Defendant told the victim D to pay the price for the metal network supplied by the end of March on the face of the week, in the office of the Co., Ltd. for the settlement of the Defendant’s operation, which is located in No. B 404, Silri-si.

However, the Defendant, around that time, has reached approximately KRW 400 million and the monthly amount of KRW 5 million and labor cost of KRW 20 million were required for the management of the company, but at the time, profit was merely an amount equivalent to KRW 5 million per month and received the above goods from the injured party, there was no intention or ability to pay the said amount normally as agreed, even if the Defendant received the goods from the injured party.

As can be seen, the Defendant, by deceiving the victim and deceiving the victim from March 4, 2016 to March 29, 2016, received a total of KRW 26,904,020, as shown in the annexed crime sight sheet, from the victim to the victim, and acquired the metal net product in the amount of KRW 26,90,020.

Summary of Evidence

1. Statement by the defendant in court;

1. Part concerning the statement made D in the police interrogation protocol against the defendant

1. Statement made by the police against D;

1. Application of the detailed Acts and subordinate statutes of the electronic tax invoice, C balance, and specifications of sales by company;

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. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act (i.e., confessions and reflects by the defendant, the defendant has no punishment exceeding a fine, and the deterioration of management of the company operated by the defendant, etc.) or more than Article 62(1) of the Criminal Act;

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