beta
(영문) 부산지방법원 동부지원 2012.08.10 2011고단1109

사기

Text

A defendant shall be punished by imprisonment for one year.

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

On December 9, 2010, the Defendant was sentenced to a suspended sentence of three years for special robbery at the Daegu High Court on three years, and the judgment became final and conclusive on December 17, 2010.

The Defendant started the active fish sales business from November 2009 with the trade name "D", but the enemy continued to accumulate and there is no particular property or income. As such, in March 201, 2010, the Defendant had no intention or ability to pay the price normally even if he was supplied with active fish by others even if he was supplied with active fish.

Around March 26, 2010, the Defendant made a false statement to the effect that “G” in the “F operation of the victim F in Tong Young-si, Tong Young-si, would pay the victim F the price without any molding it.”

As such, the Defendant, as described in the attached list of crimes, received active language equivalent to KRW 99,381,00 from April 23, 2010, such as deceiving the victim, and received the active language equivalent to KRW 2,450,00 from the victim F, from around April 23, 2010, by deceiving the victim, and acquired the active language equivalent to KRW 430,520,00 from the victim six in the same manner as indicated in the attached list of crimes.

Summary of Evidence

1. Statement made by a witness F in the third protocol of the trial;

1. Statement made by a witness H in the fourth trial record;

1. Statement made by a witness I in the 8th trial records;

1. A protocol concerning the suspect examination of the accused;

1. Each police statement concerning J, F, K, L, H, and M;

1. Application of statutes concerning criminal records;

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The fact that there is no criminal record of the same kind specified in Article 62 (1) of the Criminal Act, and the criminal defendant will be finally acquired through deceptiveation;