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(영문) 인천지방법원 2012.10.12 2012고단6242
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

Around August 2011, the Defendant made a false statement to the effect that “The Defendant would pay the price to the Defendant’s representative E, who was operated by the Defendant in Seo-gu Incheon, Seo-gu, Incheon, to pay the price at an early date when it is possible to supply the goods necessary for the manufacture of fire doors.”

However, the Defendant had been in excess of the debt worth KRW 7 billion in financial rights, etc. at the time. Around August 201, the Defendant was in charge of interest equivalent to KRW 30 million in each month. The amount of the bill, the payment date of which arrives at around August 201, 201, but on the other hand, the Defendant’s claim for payment against the transaction partner, which led to the aggravation of financial circumstances, and the Defendant’s sales of the factory site and buildings owned by the Defendant for the settlement of the bill at that time, and there was no intention or ability to pay the price normally even after being supplied with goods by the transaction partner who is the victim.

Around September 1, 2011, the Defendant received materials equivalent to KRW 5,885,00 from the said victim and did not pay the said amount, as indicated in the attached list of crimes, and acquired the said materials by deception from five victims from around that time to October 5, 201.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning E and F;

1. Application of Acts and subordinate statutes of a complaint, each promissory note, each tax invoice, and detailed statement of transactions;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. It shall be decided as ordered for the reasons under Article 62 (1) of the Criminal Act (i.e., the admission of an error, the previous absence, and the agreement with some victims) of the suspended execution;

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