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(영문) 수원지방법원 안산지원 2014.02.19 2013고단2256
사기
Text

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

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who runs the wholesale and retail business of a printed circuit board "D" in Si interesting City C.

On March 2011, the Defendant began to engage in a transaction with the victim F, who operates the (ju) EE, stating that “The price for supply is paid by receiving payment from the customer within 30 days on the face of the delivery of the printed circuit board.”

However, at the time, the defendant had to pay the interest equivalent to KRW 2.8 million per month for the debt equivalent to KRW 100,000 per month, so even if he receives the payment from the customer who supplies the printed circuit board supplied by the victim, he did not have an intention or ability to pay the price for supply to the victim normally by using it as interest, company operating expenses, etc.

Nevertheless, from March 2, 2011 to April 13, 2011, the Defendant ordered a printed circuit board to the victim five times, and was supplied with the printed circuit board equivalent to KRW 30,349,264 in the aforementioned “D” plant from the victim on April 18, 2011, as indicated in the attached list of crimes, by October 16, 2012, the Defendant was supplied with the printed circuit board equivalent to KRW 309,645,600 in total by 20 times until October 16, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning the F;

1. A complaint;

1. e-mail, details of transactions, and copies of bankbooks;

1. Application of Acts and subordinate statutes of an application for commencing individual rehabilitation procedures and a certificate of debt balance;

1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act, the choice of imprisonment with prison labor, inclusive;

2. Article 62 (1) of the Criminal Act (Considering the following reasons for sentencing).

3. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act: A favorable circumstance in which the Defendant, by deceiving the victim, obtained a total of KRW 309,645,6 million, by deceiving the victim: the Defendant repaid KRW 149,068,00 to the victim prior to the prosecution of this case, and additionally repaid KRW 70,000,000,000,000 and subsequently repaid the plan.

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