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(영문) 대구지방법원 서부지원 2017.08.11 2017고정433
사기
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On May 10, 2016, the Defendant paid the price for the processed machinery parts supplied on July 31, 2016, as of May 31, 2016, to the victim D from the factory “C” located in Daegu Northern-gu, Daegu-gu, (hereinafter “C”) around May 10, 2016.

The phrase “ makes a false statement.”

However, in fact, even if the victim requested the processing of machinery parts and supplied the processed machinery parts from the injured party, there was no intention or ability to pay the price for the processed machinery parts.

On May 20, 2016, the Defendant: (a) by deceiving the victim; (b) received delivery of 2,004,200 won of the machinery parts processed by the said “C” from the injured party; (c) but did not pay the said amount; and (d) acquired financial benefits equivalent to the said amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

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

1. Penalty fine of 500,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59 (1) of the Criminal Act (see, e.g., Supreme Court Decision 59 (1) of the Suspension of Sentence)

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