(영문) 춘천지방법원 원주지원 2015.12.29 2015고정477

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(영문) 춘천지방법원 원주지원 2015.12.29 2015고정477

사기

Text

Defendant shall be punished by a fine of KRW 3,000,000. If the Defendant fails to pay the said fine, 100.

Reasons

Punishment of the crime

On November 2013, 2013, the Defendant called the Victim C to pay KRW 9,987,500 per share of KRW 1,175 per 1,50 on the supply of 1,175 shares to the Defendant, as the standard tree is delivered to the destination.

“........”

However, in fact, the defendant was unable to receive trees from other companies and to pay the price, and even if he was supplied with trees due to the shortage of funds due to his personal debt, he did not have the intention or ability to pay the price to the victim, and even if he was paid the price, he did not have the intention or ability to pay the price.

Around November 5, 2013, the Defendant had the victim supply D, etc. 1,175 shares, and acquired financial benefits equivalent to KRW 9,987,500, which is the price.

(1) The defendant alleged that he had the intent to pay the standard tree from the victim at the time of receiving the delivery of the standard tree. However, considering the following circumstances acknowledged by the evidence below, namely, when the defendant was supplied with the standard tree from the victim, he was unable to pay the tree to other business entities at the time of receiving the supply of the standard tree from the victim, personal debts were incurred, and the defendant used the supply price of the standard tree from D in all other debt repayment, etc., and the victim did not pay the price for supply to the victim, the defendant is deemed to have no intention or ability to pay the price when receiving the standard tree from the victim. Accordingly, the defendant's assertion on this part is rejected)

1. Partial statement of the defendant;

1. C’s legal statement;

1. A copy of the details of transactions, a copy of the list, and wooden photographs;

1. Application of Acts and subordinate statutes to a criminal investigation report (Submission of Details of account transactions of a suspect), a criminal investigation report (Attachment to details of account transactions);

1. Relevant Article 347(1) of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of fine.

참조조문

-형법 제347조 제1항

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