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(영문) 서울남부지방법원 2017.06.09 2016고단6431

사기

Text

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

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

Reasons

Criminal facts

In August 2012, the Defendant called the victim E from the “D Co., Ltd.” operated by the Defendant in Mapo-gu Seoul, and concluded a contract with the victim to deliver 20-30 tons of Samsung Electronic Co., Ltd. when sending 300km for sampling in the first place on the part of 20-30 tons of “Scin aluminium (Al-SC)” in order to produce a mobile phone distribution case in Samsung Electronic and LG electronic, first of all, supply the test to Samsung Electronic Co., Ltd. and supply the test results to Samsung Electronic Co., Ltd. when the result of the test is “qualified.”

“A false representation was made.”

However, the Defendant received 300 kg Scin aluminium and supplied Amcin aluminium manufacturers with the price, and was planned to pay personal debts, but the Defendant made such false statements to receive the said scin scin scin scin scin scin scin scin scin scin scin scin scin scin scin scin sc

Nevertheless, the Defendant, through the Incheon Airport around 10:00 on August 27, 2012, by deceiving the victim and deceiving the victim, obtained delivery of 300 kg of the sum amounting to USD 49,500 ($ 5683,00,000) at the market price from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each prosecutor's statement protocol concerning E, F, and G;

1. Application of Acts and subordinate statutes to a prosecution investigation report (Submission of a suspect A transaction statement);

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] general fraud (less than KRW 100,00) and the mitigated area (~1 year) [the person subject to special mitigation] shall not be punished;

2. Determination of sentence (two years of suspended sentence in the month of imprisonment with prison labor) that the crime of this case in light of the method of punishment and the amount of damage, etc. is not good, and that the defendant is sentenced to a suspended sentence of one year for a crime of fraud in the year of 2008.