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(영문) 수원지방법원 안산지원 2013.08.13 2012고단2757

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

(1) The Defendant purchased a defective source of kgg, 3,730 won (kg, 4,70 won per kg) and sold it as if it were a normal product (kg). On April 2012, the Defendant: (a) purchased a defective source of kg, which does not have a metric tons from C; (b) obtained a victim F (56 years of age) in the knish-si office located in the knish-si (jun) EE office located in the Homan-si; (c) obtained a notice of any defect of 100 won per kg above the market price; and (d) obtained a notice of any defect of kg, which does not have a metric ton; and (e) obtained a notice of a normal product from the victim on April 12, 2012, by means of fraud under the name of the victim for the supply price of the hnbbb, 10,000 won, 307, 10008 won,7010

Summary of Evidence

1. Each legal statement of witness F and G;

1. An interrogation protocol of the accused by the prosecution (including the substitute part);

1. The prosecutor's statement concerning G;

1. Each police statement made to F and I;

1. A's name box, copy of the detailed statement of transactions, copy of the passbook receipt, copy of each written confirmation, copy of the screen for printing the results of transfer, each investigation report, and original statement;

1. Application of statutes to inquiries about criminal records, etc.;

1. Article 347 (1) of the Criminal Act applicable to the crimes;

1. Article 62(1) of the suspended execution of the Criminal Act provides that there are disadvantageous circumstances to the defendant, such as that there is a previous crime, the nature of the crime and the result of the crime in this case, and that there is no agreement with the victim in light of the method and consequence of the crime in this case. However, there was no previous crime above the suspended execution of execution, and that there was a significant degree of damage to the victim. The social relation between the defendant and his family members is clear, and the detention of the defendant entails excessive difficulty to his family members. Other factors such as the motive and background of the crime in this case, relationship between the defendant and the victim, the relationship between the defendant and the victim, the defendant's age