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(영문) 창원지방법원 2017.11.09 2017고단3038
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 26, 2017, the Defendant was sentenced to imprisonment with prison labor for a violation of the Labor Standards Act at the Busan District Court on August 26, 201, and the sentence became final and conclusive on February 3, 2017.

The Defendant is a person who manufactured and sold steel equipment parts with the trade name “C” from Gangseo-gu Busan on July 1, 1994, and from March 11, 2016 to Kimhae-si D with the trade name “E”.

around November 15, 2015, the Defendant would pay the amount 60 days after the date of delivery to the representative G of the victim FF corporation “on the face of the delivery of parts, such as steel returned cut goods, etc.” to the representative G of the victim FF corporation.

“The purpose of “ was to make a false statement.”

However, the defendant had a debt equivalent to KRW 1.1 billion at the time of financial institutions, and even if he/she processes and sells the parts supplied by the injured party, such as the provisional attachment of the land owned by the defendant and the apartment, due to overdue wages, delinquent retirement pay, etc., he/she had no intention or ability to pay the parts normally to the injured party

The Defendant, as seen above, was informed of the part equivalent to KRW 47,223,150,00 in total, from around January 6, 2016, as indicated in the list of crimes in attached Form 11 until April 18, 2016, by deceiving the victim and being subject to such deception, and received from the victim the delivery of the parts equivalent to KRW 10,70,000 from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of H with respect to the police;

1. Statement made to I by the police;

1. Investigation report (to be accompanied by suspect A NIC assessment information and response to personal credit information);

1. A detailed statement on the complaint (including accompanying documents) and the president of the customer who submitted and sold the complainant;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and a summary order of judgment 4 copies of the judgment;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the choice of punishment (in comprehensive, the choice of imprisonment);

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 62(1) of the Criminal Act on the suspension of execution (a confession of the defendant);

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