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(영문) 수원지방법원 평택지원 2017.06.28 2017고단641
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On June 27, 2008, the Defendant secured the victim D with “at least 200 tons per month of a waste vinyl which can be compresseded and reproduced in Daegu E,” and at least 150 tons of a waste vinyl at a chemical factory located around the time of harmony, and there is no machine to compresse waste vinyl.

If it is sold in gold 23,00,000 won of waste vinyl which is one of the parties, the payment shall be paid in full every 2,00,000 won per month by means of delivery of renewable vinyl to the party, and the payment shall be paid in full within six months immediately above, and within one year at latest.

“A false representation was made.”

However, the defendant was not in a situation where the factory can be operated normally due to the smuggling of factory rent, employees' wages, electricity rent, etc. at the time, and because there was no special income from the excess of obligations, there was no intention or ability to pay the above compressed machinery even if it was delivered from the injured party.

On July 7, 2008, the Defendant, by deceiving the victim, obtained the delivery of one copy of the compressed Co., Ltd. which is equivalent to KRW 23 million at the market price from the injured party and acquired it by deception.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to D;

1. Complaint;

1. Application of the statutes governing vinyl contracts;

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

1. Reasons for sentencing selecting a sentence of imprisonment with prison labor [the scope of the recommended sentence] The person who does not have a basic area (from June to one year and six months) [the person who is subject to special sentencing] [the sentence] [the person who is subject to special sentencing] : the normal circumstances that are favorable: confession, reflectivity, etc.; there has been a history of being punished by a fine due to the same kind of crime; there has been no support for damage recovery up to now; the victim did not have been punished; and other matters such as the victim wants to be punished: the defendant's age, family relation, and crime committed: the defendant's imprisonment with prison labor for not less than six months. It is so decided as per Disposition.

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