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(영문) 수원지방법원 성남지원 2014.10.08 2013고단3083
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The defendant is a person who has operated the CC as a trucking company.

Around May 2011, the Defendant had been provided with cargo transport services worth KRW 9,482,00 from the victim E, and thereafter, from the time on January 2012, 201, the Defendant was provided with cargo transport services worth KRW 68,635,060, in total, the E fee was KRW 68,635,060 from the victim, and the customer was reduced without receiving proper payment from the client. The Defendant also provided services equivalent to KRW 64,272,04,00 from the victim, each of which was provided with actual value and no other source of revenue.

Summary of Evidence

1. Partial statement of the defendant;

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

1. Statement of the police statement of E;

1. A written agreement;

1. Details of the settlement of transport expenses;

1. Registers;

1. Application of Acts and subordinate statutes to written appraisal;

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

1. As to the Defendant’s assertion of Article 37 former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders, the Defendant asserts that there were more active property, such as real estate, than debt at the time of the transaction with the victims, but the management status of the company has deteriorated after the transaction, and that the service cost cannot be paid due to a decline in the real estate market price. Therefore, the Defendant

According to the evidence, the defendant was liable for the 2.3 billion won, around May 201, and the defendant was operated.

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