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(영문) 서울남부지방법원 2017.01.19 2016고정2259
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On November 13, 2015, the Defendant was sentenced to ten months of imprisonment with prison labor and two years of suspended execution for perjury in the Incheon District Court Branch of the Incheon District Court on November 13, 2015, and the said judgment was finalized on May 13, 2016.

around July 2013, the Defendant told the victim C’s store located in Guro-gu Seoul Metropolitan Government to the effect that “When manufacturing and supplying machinery parts, the Defendant would pay the price without molding it.”

However, the Defendant was in operation.

Since D's financial situation was not good enough to properly support the wages of the workers, even if concluding a contract for the supply of parts as above, there was no intention or ability to pay the part to the victim.

Nevertheless, the Defendant, as seen above, received the parts of machinery equivalent to KRW 5,315,00 from July 5, 2013 to May 6, 2014 from the damaged party and acquired them by deception.

Summary of Evidence

1. Statement by the defendant in court;

1. C Complaints;

1. Data response to age assessment information;

1. Previous conviction in judgment: Inquiry of summary information of the case and application of the text of the judgment;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Handling concurrent crimes: After Article 37 of the Criminal Act, Article 39 (1);

1. Attraction of a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Provisional payment order: Article 334 (1) of the Criminal Procedure Act;

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