(영문) 창원지방법원 마산지원 2018.10.30 2018고단289

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자간(%)

(영문) 창원지방법원 마산지원 2018.10.30 2018고단289

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Criminal facts

On May 10, 2016, at the office of C Co., Ltd. operated by the Defendant located in the Haan-gun, Gyeongnam-gun on May 10, 2016, the Defendant would make the payments to the victim D to manufacture the production machine of the roller cremation site by July 9, 2016.

“A false representation was made.”

However, in fact, since 2013, the Defendant was unable to operate the said C Co., Ltd., and was in arrears with payment of purchase transaction partners and personnel expenses. The Defendant failed to perform the existing cosmetic automatic assembly equipment supply contract requested by the injured party, and was thought to use the money for the customer’s unpaid payment and personnel expenses, etc., so there was no intention or ability to produce and deliver the roller cremation equipment within the agreed period even if receiving the money from the injured party.

As such, the Defendant, by deceiving the victim, was transferred KRW 132,132,00 in total, to the Busan Bank account (E) in the name of C Co., Ltd. on May 20, 2016, for the purpose of supplying the raw materials for the production of the raw materials for the cremation site, from the victim who was in the position of the victim.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Part concerning the statement made D in the protocol of interrogation of the suspect against the defendant by the prosecution

1. The part concerning the statement made D in the police interrogation protocol (140 pages of the investigation record) against the defendant

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes of one copy of a contract for the manufacture of facilities in the place of the cremation of mool, and a copy of a new bank receipt;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Reasons for sentencing selective sentence of imprisonment with prison labor;

1. The scope of applicable sentences under Acts: One month to ten years of imprisonment;

2. Scope of the recommended punishment according to the sentencing criteria: One to four years of imprisonment.

(a) Determination of types: Two types of frauds in general (not less than one hundred million won, and less than five hundred million won);

B. Special sentencing factors:

참조조문

-형법 제347조 제1항

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