(영문) 대구지방법원 2018.07.12 2018고정452

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(영문) 대구지방법원 2018.07.12 2018고정452

사기

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Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The victim UN Multilater bus Co., Ltd. is a company that imports and sells Scoo's products, and the defendant sells Scoo's Scoo's products under the trade name of "B."

The Defendant purchased the Scood Scoo’s specialized Schlage from the Victim Company, and did not have the intent and ability to approve the price even if the Defendant received the said purchase from the Victim Company, even if he received the said purchase from the Victim Company.

Nevertheless, the defendant concealed such fact and paid 50% of the price to the down payment at the time of the order of the product, which is a contract for the supply of goods concluded with the victim company, and the remaining 50% price shall be approved at the time of receipt of the product, but the victim company shall approve 100% of the price of each product with the approval of the customer.

“Falsely speaking, the victim company received the delivery of 22,725,00 won and 8 other items on October 01, 2015 as “the status of orders and delivery” in the attached Form from the victim company, such as “the status of orders and delivery”, and the victim company received the delivery of 22,725,000 won from the customer C (including the model name Cuer C, d, hand valves) approval amounting to 2,605,00 won, and the date of delivery of the door-to-door 8 items on July 2, 2015 as “the status of orders and delivery” in the attached Form.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to verify or dismiss contents;

1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act and the selection of fines for the crime;

1. The holding that the price of goods is to be paid even when the sentencing of Articles 70(1) and 69(2) of the Criminal Act to attract the workhouses is fully paid for the goods;

Considering the fact that the injured person is deceiving and having the same criminal record, it is reasonable to impose a fine of 5 million won.

참조조문

-형법 제69조 제2항

-형법 제70조 제1항

-형법 제347조 제1항

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