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(영문) 수원지방법원 2015.05.28 2014고합732
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The defendant is a person who operates a manufacturing business of protruding products used for electronic equipment, etc. in the trade name of "D" in the ethic City C.

On November 2013, the Defendant was to be supplied with the E-mail and E-mail, and said that the price would be paid by issuing an electronic bill which is three months after the 40th day of each month after settling the supply quantity at the end of the month.

However, the Defendant had no intention or ability to normally pay the price of the goods to the victim even if the goods were supplied by the victim due to extremely poor financial situation of the said company, such as the defective treatment of the goods supplied to Samsung Electronic and the poor treatment on March 2012. On August 2013, 2013, the Defendant had no intention or ability to normally pay the price of the goods, even if the goods were supplied by the victim due to extremely poor financial situation of the said company.

Ultimately, the Defendant, as such, by deceiving the victim, received goods equivalent to KRW 649,802,450 as stated in the attached Table of Crimes from November 19, 2013 to May 1, 2014, and acquired them by deceiving the victim.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Statement made by G in the suspect examination protocol of the accused by the prosecution;

1. Statement of G in the police interrogation protocol against the accused;

1. The police statement concerning G;

1. Statement on the complaint, supplement of complaint and statement;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Article 347 (1) of the Criminal Act for the crime;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing)

1. The scope of applicable sentences: Imprisonment for one year and six months to fifteen years;

2. The scope of recommendations according to the sentencing criteria (the determination of types) shall be made by general fraud;

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