(영문) 서울동부지방법원 2013.08.28 2012고단3228

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울동부지방법원 2013.08.28 2012고단3228

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

Around May 18, 2011, the Defendant: (a) by deceiving the victim E to the effect that “If an electric cable is supplied, the Defendant would pay the price on the last day of the following month” despite having no intent or ability to pay the price even if the Defendant was supplied with the goods from the victim E; (b) was supplied with electric wires equivalent to KRW 1,049,48 on the same day from the said date to July 29, 2011; and (c) was supplied with the goods equivalent to KRW 85,339,82 on a total amount of 34 occasions from the said date to July 29, 2011.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. Each police interrogation protocol against the accused;

1. Application of Acts and subordinate statutes on police statement to E;

1. Relevant Article 347 (1) of the Criminal Act and reasons for sentencing concerning the crime;

1. The defendant and his defense counsel asserts that there is no crime of fraud, since they did not pay the price of the goods due to business deterioration in continuous transactional relationship, although there is a fact that they received the goods stated in the above crime from the victim.

According to each of the above evidence examined and adopted by the court below, the defendant and the victim were traded from around November 2009, and the defendant delayed payment of the price for the goods to the victim, and the defendant was supplied by D Co., Ltd. with the goods stated in the crime to use the goods at the aforementioned construction site from around January 2011 to around May 201. The defendant was supplied with the goods required at the above D construction site from around March 201 to around May 201 and became unable to be supplied with the goods amounting to KRW 120,000,000 for the goods required at the above D construction site, and was supplied with the goods from the victim, and the defendant was supplied with the goods from the victim, and the price for the goods supplied by the victim.

참조조문

-형법 제347조 제1항

유사 판례

-수원지방법원 2017.04.27 2015나24314

-수원지방법원 평택지원 2012.04.04 2011고합165

-대전지방법원 천안지원 2013.12.06 2013고단303

-서울중앙지방법원 2014.2.11. 선고 2013고합1073 판결

-수원지방법원 성남지원 2013.12.05 2013고정1184