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Reasons
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(영문) 서울남부지방법원 2015.07.08 2014고단5175
사기
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A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant, from October 2012, when receiving salt charges from the victim D Co., Ltd. operated by C from around May 2014, the Defendant concluded that, around May 2014, the outstanding amount that was not paid to the victim led to the amount equivalent to KRW 60,00,000, and C would suspend the supply of salt charges because it would not supply salt charges exceeding KRW 60,000,000,000,000,000,000,0000.

However, in fact, the defendant had a debt of 90 million won around May 2014, and even if the office and factory rent have deteriorated to the extent that it could not be paid from time to time, there was no intention or ability to pay the price even if the defendant was to be additionally supplied with salt from the victim.

Nevertheless, the Defendant received a total of KRW 66,495,00,000 as shown in the separate crime list from May 13, 2014 to August 7, 2014, as well as a total of KRW 66,495,00,00, from the victim’s provision of KRW 10,890,00.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

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

1. Statement of the police statement regarding C;

1. Application of the Acts and subordinate statutes to the complaint;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Six months to one year and six months from the date of imprisonment on the sentencing guidelines (Fraud crime group, general fraud, type 1 (less than KRW 100 million), and basic area);

2. At least half of the amount of damage caused by the instant crime by the Defendant’s decision of sentencing has not yet been repaid, and the amount of other amount that the Defendant has not paid to the victim is also equivalent to the amount that the Defendant has not paid.

The defendant still denies the criminal intent of deceptiveation.

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