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(영문) 창원지방법원 2020.01.22 2019고정581
사기
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who operates the “C” as a steel structure manufacturing business entity in Kimhae-si B.

On June 6, 2018, the Defendant stated that “The Defendant would immediately pay the Victim F with the price of KRW 3,550,000 which is paid by supplying the said machinery to the KIN which is the customer of the said machinery to the KCA in order to ensure that the Defendant: (a) in the E office located in Changwon-si, Changwon-si; and (b) “The Defendant would immediately pay the said machinery by supplying the said machinery to the KCA, which is the customer of the said machinery, for the purpose of drawing up the drawing of the bridge (the machine in order to propagate the heat well, or to compound the materials).” (c) The Defendant stated that “The Defendant would immediately pay the said machinery by supplying it to the KCA, which is the customer of the said machinery.”

However, the defendant did not have the intention or ability to pay the victims normally even if he receives the payment from the customer, such as the state of the company being operated at the time, the low-income tax and the wage.

The Defendant, by deceiving the victims as above, received drawings and processing services equivalent to KRW 3,550,00 in total from the victim F until September 2018, and received the provision of components equivalent to KRW 5,469,00 from the victim H, and acquired the services through deception, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to F and H by the police;

1. Each complaint;

1. Details of transactions, tax invoices, goods supply agreement, contract, account transaction details, application of Acts and subordinate statutes governing credit information history;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the provisional payment order is the amount which exceeds nine million won, and the damage recovery was not performed properly except for some amount.

However, the defendant recognized the crime of this case, and erred.

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