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(영문) 인천지방법원 2018.04.04 2017고단5293
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant is the representative director of the company B, which is a divided body-oriented company, and the victim C is the company that supplies Paint to the above company B.

On November 5, 2015, the Defendant would pay the price by the end of the following month to E who is an employee of the victim in the B office located in Cheongju-si, Cheongju-si.

In addition, if the paint is supplied continuously, the payment shall be settled by the end of the following month, respectively.

However, in fact, the Defendant was liable for the personal debt of KRW 70,000 at that time, and was unable to pay the monthly salary of the employees working for the Defendant Company, and was unable to pay the price of the paint supplied by another page company, and thus, there was no intention or ability to pay the price normally even if it was supplied by the victim.

The Defendant received from the injured party a total of 23,808,774 won from November 5, 2015 to April 28, 2016.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

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

1. Each police statement made to E and F;

1. Application of Acts and subordinate statutes to a criminal investigation report (report on telephone conversations between a witness and a witness), investigation report (report on telephone conversations between a complainant and an attorney);

1. The grounds for sentencing (the scope of recommending punishment) of Article 347(1) of the Criminal Act and Article 347(1) of the Criminal Act regarding criminal facts [the scope of recommending punishment] [the sentence] of Article 1 of the General Fraud (from June to January 16), which is the basic area (the sentencing decision from June to June), [the sentence] of the defendant’s age, sexual behavior, family relation, family environment, motive and means of the crime, circumstances after the crime, etc., shall be comprehensively taken into account the sentencing conditions as shown in the trial of this case, such as the defendant’s age, sexual behavior, family relation, family environment, motive and means

A favorable circumstance: A defendant has no record of being sentenced to imprisonment without prison labor or heavier punishment.

The amount of damage shall be 30 million won.

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