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(영문) 창원지방법원 마산지원 2018.08.28 2018고단419
사기
Text

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

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

Reasons

Criminal facts

The Defendant, from March 21, 2013 to June 21, 2013, was a person who operated a wood packaging business site called “D” in the Haan-gun of Haannam-gun, Haan-nam from around the same year.

The defendant around August 9, 2013, at the above D office, approved the supply price by the end of the following month to F, who is the representative director of the victim E company.

“A false representation was made.”

However, the defendant was unable to pay the monthly rent of 5.5 million won at the time of the factory, and the deposit amount of 10 million won or more was deducted, and even if he was supplied with timber and shot, he did not have any intent or ability to pay the amount, even if he was to receive timber and shots from the injured party.

As above, the Defendant, as well as the Defendant, by deceiving the representative director of the victim and being supplied with 5,568,200 won from the injured party on the same day, was acquired through the delivery of combined plates and lumber equivalent to 86,504,430 won in total from October 11, 2013 to October 10, 2013.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of the Acts and subordinate statutes to the complaint filed by E Co., Ltd. and Algolascoa;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the same Act concerning the selection of punishment (a comprehensive provision for each victim, and a choice of imprisonment);

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes against Arasco A with heavier penalty)

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of applicable sentences under Acts: Imprisonment with labor for one month to 15 years;

2. Scope of the recommended punishment according to the sentencing criteria: One month to one year.

(a) Determination of types: One type of fraud (less than KRW 100,000) in general;

(b) Special sentencing factors: The sentencing factors are not to be mitigated.

(c) Determination of the territory of recommendation: Reduction territory;

3. Determination of sentence: Each judgment of 8 months of imprisonment and 2 years of suspended execution; and

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