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(영문) 서울서부지방법원 2013.10.04 2013고단1654
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

The defendant is the representative director of D, a company selling golf products in the third floor of Gangnam-gu Seoul Metropolitan Government C building.

On December 13, 2011, the Defendant made a false statement to the victim F in the “G office,” which is a clothing supplier operated by the victim F in the fourth floor of the building in Gangnam-gu Seoul E-gu, Seoul, that “G will supply golf products and issue bills that are settled six months after the first day of each week, and settle them without the framework on the settlement date.”

However, in fact, the Defendant had already received a demand for repayment of the obligation amounting to KRW 1.1 billion on December 201, and even if the amount of the bill to be settled every month is equivalent to KRW 10-1.5 billion, it did not have any intent or ability to pay the amount even if he is supplied with the goods from the victim, such as the amount of the bill to be settled every month is equivalent to KRW 10-1.5 billion.

On December 13, 2011, the Defendant received letter 1,870 of golf clothes equivalent to KRW 32,500,000 from the victim, from around December 13, 201, and received letter 1,870 of golf clothes equivalent to KRW 303,262,630 from April 25, 201 to April 25, 201, the Defendant received letter 18,487 of golf clothes equivalent to KRW 303,262,630 from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by the prosecution (including the substitute part);

1. Details of confirmation of the details of dishonor electronic bills, amount of G bonds, electronic tax invoices, statements of transaction, copies of each business registration certificate, copies of contracts, details of issuance of bills by company, and application of statutes of the Korean bank transaction statement

1. Article 347(1) of the Criminal Act and Article 347(1) of the Criminal Act, which comprehensively covers the pertinent statutory provisions and the choice of punishment for the crime of this case, have a large amount of damage caused by the crime of this case, and the defendant deposited KRW 5 million to compensate for damage, but has a very little portion of total damage.

Accordingly, the defendant committed the crime of this case due to business depression, and the confession of the crime of this case is against the defendant, and it is minor once a fine is imposed.

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