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(영문) 부산지방법원 2016.09.01 2016고단2706
사기
Text

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

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

Reasons

Punishment of the crime

Around August 2014, the Defendant made a false statement to the effect that “The Defendant would pay transport expenses within 45 days from the phone call to the Gunsan Port,” and that “the Defendant would pay transport expenses within 45 days from the phone call to the Gunsan Port,” despite having no intention or ability to pay transport expenses even in the event that the Defendant was unable to operate the company due to the failure to pay taxes, such as the failure to pay taxes, and seizure of the passbook to the corporation.”

The Defendant had the victim carry freight over two occasions around August 2014 and around October 2014, and did not pay a total of KRW 10,747,000.

Accordingly, the defendant, by deceiving the victim, acquired the same amount of property benefits.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes, such as tax invoices and business registration certificates;

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. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Scope of Recommendation] General Fraud (less than KRW 100,000) has no basic area (6-100,000), / [6-1 year and six months] [decision of sentence], the amount of defraudation is not small, the amount of damage is not repaid, and the defendant is deemed to have failed to pay the transportation expense of this case due to the difficulties in the management of the company, the defendant is deemed to have failed to pay the transportation expense of this case due to the difficulties in the management of the company, anti-sex, there is no record of punishment for

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