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(영문) 대구지방법원 2019.08.13 2019고단1671
사기
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who operates livestock products wholesale and retail business “B”.

On April 19, 2018, the Defendant made a false statement to the effect that “B” office located in Daegu Northern-gu Seoul Northern-gu, would pay the amount to “B” to “B”, the representative director of “D” corporation, at the end of the month when the livestock by-products are supplied.”

However, in fact, the Defendant did not have any intent or ability to pay the price even if he was provided by the victim company with livestock by-products, such as windows, etc., even if he was provided by the victim company, on the ground that the Plaintiff did not have management status due to the occurrence of approximately KRW 10 million per month, and the Defendant did not have any specific property and only bears the Defendant’s obligation of KRW 100 million.

Nevertheless, the defendant deceiving the victimized company as above and received by the victimized company the by-products of the stock industry amounting to 79,840 won at the market price in its place, and from that time, the defendant thereafter passed the same year.

6. Until December 21, 200, a total market price of 14,298,559 won was provided by-products of stock breeding in total over 15 times, as described in the attached list of crimes.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Complaints and police statements to E;

1. Customer director and electronic account statement;

1. Application of Acts and subordinate statutes to investigation reports;

1. Relevant Article 347 (1) of the Criminal Act and Article 347 (1) of the Criminal Act (the point of fraud) and the choice of imprisonment for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act - The reason for sentencing under Article 62(1) of the suspended sentence - the fact that there is no record of punishment, the fact that the criminal intent of defraudation is relatively weak, and the criminal intent of defraudation is continuously repaid, the above circumstances are recorded and the records of the defendant's age, character, character, occupation, family relationship, environment, motive, means and consequence of the instant crime, and the circumstances after the crime

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