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(영문) 인천지방법원부천지원 2020.08.14 2020고단1912

사기

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On March 4, 2020, the Defendant posted a letter stating “the mass supply of KF94 Mar. 5, 2020” at the Defendant’s office located in Seocheon-si No. 4th floor B building No. 4, which read that “the Defendant would supply KF94 Mar. 5, 2020 to 1,760 won per opening of the factory located in Kimpo-si, Kimpo-si, Kimpo-si, Kimpo-si, Kimpo-si, Kimpo-si.”

However, in fact, the Defendant did not have any experience in KF94 Mak transactions and was confirmed to be supplied with KF94 Mak, and the amount received from the victim was thought to be repaid to the individual obligation, so even if he received money from the victim as a down payment, he did not have the intention or ability to sell it to the victim.

As such, the Defendant, by deceiving the victim, received 176 million won from the victim to the account under the name of the Defendant, as the down payment, as the down payment.

Summary of Evidence

1. The defendant's protocol of interrogation of the suspect against the defendant in the suspect's interrogation of the defendant in the prosecutor's protocol against the defendant in the defendant's court statement (the document attached to the police's protocol of 320,000 pages between the defendant and the defendant corporation) - the defendant's business registration certificate (G) - the statement of the medical device sales (lease) - the statement of the transaction (the statement of the medical device sales) - the tax invoice (the document of the defendant's operation of the medical device sales business but the document of the transaction is not traded) - the remittance certificate (1.76 million won) - the remittance certificate (1.6 million won) - The investigation report (the statement that the defendant paid to F was returned) on the statement of deposit collection (the possibility of repayment of damages) by law shall be applied

1. Relevant provisions of the Criminal Act, Article 347 (1) of the Criminal Act (Fraud) and reasons for sentencing choice of imprisonment with prison labor;

1. 양형기준에 따른 권고형량의 범위 ▷ 기본범죄(사기) [권고형의 범위]...