(영문) 창원지방법원 진주지원 2013.04.17 2011고단1244

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(영문) 창원지방법원 진주지원 2013.04.17 2011고단1244

사기

Text

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

Reasons

Punishment of the crime

On December 2, 2010, the Defendant made a false statement to the victim in the E office, which is a building materials sales store operated by the same household D of the victim C, who was in Jinju-si, Jinju-si, the Defendant called “to pay the victim immediately following the day on which the materials are supplied.”

However, in fact, the Defendant had an outstanding amount of money for supplying materials equivalent to KRW 40 million to others, and the unpaid card price was KRW 60 million, and the labor cost of the employees employed by the Defendant has been paid. In addition, there was no intention or ability to pay the price on the agreed date even if the Defendant received the construction materials from the victim due to the circumstances of the building owner and the difference between the building owner and the building owner.

On December 25, 2010, the Defendant received materials equivalent to KRW 12,756,200 at a total of four times from around that time to January 4, 201, such as the list of crimes in attached Form, from the victim, and acquired them by deception.

Summary of Evidence

1. A protocol of examination of part of the defendant by prosecution;

1. Each police interrogation protocol against the accused;

1. Statement to C by the police;

1. Investigation report (report on confirmation of criminal records and financial status of a suspect);

1. Two copies by facsimile (F, G, H, and head of the transaction office);

1. Application of Acts and subordinate statutes to the head of trading office and copies of trading lists;

1. Article 347(1) of the Criminal Act applicable to the crime and Article 347(1) of the choice of punishment (conformatively, choice of imprisonment) The reason for sentencing lies in the fact that the defendant has been punished several times for the same kind of crime, the defendant has discharged five million won out of the amount of defraudation to the victim, and other various sentencing conditions specified in the trial process of this case shall be determined by the sentence

참조조문

-형법 제347조 제1항

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