(영문) 광주지방법원 순천지원 2019.05.30 2018고단2296

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(영문) 광주지방법원 순천지원 2019.05.30 2018고단2296

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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a real operator of corporation B.

On June 2015, the Defendant made a false statement to the victim C by telephone at an infinite place (hereinafter referred to as “transport cost, in case of receiving transport cost from the original office,” stating that “the transport vehicle is paid for the transport cost,” to the victim C.

However, in fact, the defendant did not have the intention or ability to pay the transportation cost to the victim even though he received the transportation cost from the prime contractor D, because the amount of the debt exceeds KRW 150 million.

The Defendant, as above, did not pay the total transport cost of KRW 24,398,545, even though the Defendant, by deceiving the victim, was provided with transportation services equivalent to KRW 415,410,00 from the victim around June 2015, and KRW 23,983,135, around July 2015, even if the Defendant received transportation services equivalent to KRW 24,398,545.

Accordingly, the defendant acquired financial benefits equivalent to the same amount from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 347(1) of the Criminal Act applicable to the relevant criminal facts, the choice of punishment, and the choice of imprisonment;

1. Article 62(1) of the Criminal Act provides that a suspended sentence has the same criminal records as the reasons for sentencing, the amount of defraudation, and the fact that the crime of this case is not deemed to have been committed from the beginning with the intention of strong defraudation, the fact that the defendant led to confession of the crime of this case, the fact that the defendant is against himself, the fact that the defendant agreed with the victim, and other various conditions of sentencing as shown in the records and arguments of this case shall be determined

참조조문

-형법 제62조 제1항

-형법 제347조 제1항

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