(영문) 대구지방법원 서부지원 2013.07.05 2013고단251

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(영문) 대구지방법원 서부지원 2013.07.05 2013고단251

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

Around November 4, 2011, the Defendant made a false statement to the effect that “E, the president of the Gandong-gu, Daegu Suwon-gu, Inc., Ltd., supplied a plastic pipe to E, who is the victim’s president of the Gandong-gu, Inc., Ltd., “The price shall be paid immediately after installation of the plastic pipe.”

However, the Defendant had no intention or ability to pay the price for the goods in excess of KRW 23 million due to the Defendant’s failure to pay the price for the goods in excess of the amount of KRW 20 million due to the Defendant’s liability for financial institutions and KRW 5 million due to the Defendant’s liability for the bonds in excess of the amount of KRW 20 million due to the Defendant’s credit.

The Defendant, as such, by deceiving the employee E of the victim company, was supplied from January 2012 to March 2012, 201, with 576 copis for plastic houses, the sum of market prices of which is 34.2 million won, from January 201 to the early police.

Accordingly, the defendant was given property by deceiving the victim company.

Summary of Evidence

1. Partial statement of the defendant;

1. Part of the prosecutorial protocol of the defendant concerning the interrogation of suspect (including E)

1. Statement of each police statement of E;

1. Application of Acts and subordinate statutes to the filing of complaint, deed of notary public, and statement of accounts;

1. Determination as to the assertion of the Defendant’s choice of imprisonment, Article 347(1) of the Criminal Act and Article 347 of the same Act regarding criminal facts

1. It is true that the defendant alleged in the facts charged that he was supplied with a flag by the victim, as stated in the facts charged, and did not pay the price at the time.

However, from the beginning, it is not supplied with the rumor with the intention of defrauding the rumor.

2. However, the judgment of the court below is based on the following circumstances, i.e., (i) the Defendant continued to be supplied with a summons from the victim company under the circumstance where the Defendant had a debt of KRW 23 million to the victim company, and (ii) the Defendant, upon entering into a contract with the farmer to set up a transshipment season with the victim company, also the victim.

참조조문

-형법 제347조 제1항

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