logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 동부지원 2021.01.06 2020고단1846
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The defendant was a person who operated the "CMat" in the Geum-gu Busan Metropolitan Government, and the victim D is a representative of the dispute resolution committee that supplies the goods to the above Mt.

On March 2019, the Defendant made a false statement to the effect that “The Defendant would pay 100% of the goods for an open event to the victim in cash and pay 80% of the other general goods to the victim, by supplying goods to the marina on the 25th day of each week through F, which was designated to assist the Defendant in opening the business of the Mar. 2019.”

However, at the time, the Defendant had a personal obligation equivalent to KRW 100 million due to the payment of unpaid wages, G Mart, and the payment of goods that had not been repaid to the employees, and the credit rating was 8 grade, and thus, there was no intention or ability to pay the price of goods up to the agreed period even if the goods are delivered by the injured party.

The defendant deceivings the victim as above and his deceivings the victim from April 6, 2019 to the same year.

4. By the end of 26.26, the goods equivalent to the total market value of 14,62,180 won were delivered.

Summary of Evidence

1. The application of Acts and subordinate statutes to the accused’s partial statement to the prosecution’s protocol of investigation into the suspect interrogation protocol (report on the submission of data on the details of passbook transactions) to the accused, the hearing of the accused’s statement, the response by a request for cooperation in investigation, the response by a request for cooperation in investigation, the submission of data [the accused’s self-reliance at the time, the terms and conditions with the victim, and the sales proceeds of the goods disposed of by the accused are used as repayment of obligations to other clients, etc.

1. Article 347 (1) of the Criminal Act applicable to the crime, Article 347 of the chosen criminal punishment, Article 62 (1) of the Criminal Act to suspend the execution of sentence of imprisonment with prison labor;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act was that the Defendant had been punished several times for the same kind of crime under the same law, and the Defendant committed the instant crime during the suspended execution period.

The defendant's person is not good.

arrow