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(영문) 수원지방법원 안양지원 2014.10.23 2014고단1443
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

around August 201, the Defendant stated to the effect that “The Defendant would pay the price by the 15th day of the following month, on the face of delivery of electronic parts” to G, who is the business director of the victim FF FF corporation, through “D” office operated by himself/herself in the Dapo-si and the 2nd class C and the 2nd class.”

However, at the time, the Defendant had an obligation to pay KRW 70 million, and the amount of supplied goods from the Customer should be used as payment for employees' wages, interest, living expenses, and other companies, so there was no intention or ability to pay the price in time even if the electronic parts are supplied by the victim.

The Defendant, by deceiving G as such, received electronic parts worth KRW 260,957,00 from August 201 to May 2012, 201, and acquired electronic parts worth KRW 260,957,00 from August 201.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to G and E;

1. Application of Acts and subordinate statutes on the ledger of each customer by each account, each electronic tax invoice, each transaction statement, each statement of debt repayment, each decision on the plan for debt repayment, each confirmation on the amount in arrears, the distribution schedule, the credit information inquiry statement, the financial statements, the details of the foreign exchange bank account,

1. Relevant Articles of the Criminal Act and reasons for sentencing under Article 347 (1) of the Criminal Act of the option of imprisonment for a crime;

1. Scope of recommendations: Imprisonment with prison labor for one year to four years, the basic area (one year to four years) for types of fraud (at least 100 million won, but less than 500 million won);

2. Determination of sentence shall be made in the same manner as the order, in consideration of the fact that the accused is the first offender and reflects, the fact that 28,053,158 won is recovered from among the damaged members, the age, family relationship, health conditions, etc. of the accused;

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