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(영문) 대구지방법원 서부지원 2017.12.13 2017고단470
사기
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal records] On November 29, 2016, the Defendant was sentenced to six months of imprisonment for fraud at the Daegu District Court, and the above judgment became final and conclusive on March 3, 2017.

[Criminal facts] The Defendant, at the D office operated by the victim C in Daegu Northern-gu, Daegu-gu, on July 2015, would pay the amount to the victim immediately if he/she delivered the raw materials for steel plates processed by the rasher to the victim.

“The phrase “ was false.”

However, at the time, the defendant had been in a situation where the transaction was interrupted because he had already failed to make payment to the existing transaction partner, and the defendant had been operated.

The amount receivable of about 40 million won was not paid to the subcontractor supplied to E, and the employee's wages were not paid properly, as well as the individual loan obligation was paid about 50 million won, and there was no intention or ability to pay the amount even if the goods are supplied from the damaged party.

The Defendant: (a) by deceiving the victim as above; (b) received from July 31, 2015 to September 30, 2015, a total of KRW 2,353,120 of the market price from the victim; and (c) received from June 26, 2015 to September 30, 2015 raw materials, etc. equivalent to KRW 24,062,078, in total from the victim 7, as indicated in the list of crimes, from June 26, 2015 to September 30, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. An investigation report (in relation to the attachment, etc. of tax invoices), - An electronic tax invoice, and a list of tax invoices via electronic means;

1. Investigation report (as to attaching documents submitted by an agent for accusation), - Claim for the amount of goods, etc.;

1. Investigation report (related to the circumstance where the person subjected to investigation has obtained a business registration certificate from F);

1. A previous conviction in judgment: A reply to inquiry, such as criminal history, investigation report (verification of criminal history of a suspect), summary order and copy of judgment, investigation report (verification of facts while in trial), written judgment and search results of B.

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