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(영문) 대전지방법원 2014.07.10 2012고단4908

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

【Criminal Power】

1. On February 19, 2010, the Defendant was sentenced to six months of imprisonment for fraud at the Daejeon District Court, and the judgment became final and conclusive on October 28, 201.

2. On March 22, 2012, the Defendant was sentenced to a suspended sentence of four months of imprisonment with prison labor for an unlawful uttering of official documents at the Daejeon District Court on April 2, 201, and the judgment became final and conclusive on June 22, 2012.

【Criminal Facts】

On February 2, 2009, the Defendant concluded that the Defendant would deliver 130.166 tons of the steel bars by the order immediately following the following day to the victim E through D in which the Defendant operated the steel bars brokerage business at the office of the Daejeon Seosung-gu Daejeon building B (1505).

However, the fact did not have the intention or ability to deliver the said steel bars.

The Defendant, as above, by deceiving the victim as above, received KRW 5,00,000 from the victim in a non-permanent place on the same day, and KRW 92,364,168 in total, KRW 97,364,168 in a non-permanent area on February 3, 2009.

Summary of Evidence

1. A protocol of the examination of suspect against each of the accused by the prosecution (including the F substitute part of the examination);

1. Each protocol of prosecutorial statement concerning E, F and G;

1. Copies of each letter;

1. A copy of a trading statement;

1. A copy of deposit slip;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (No. 30, 31 evidence lists);

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

1. Taking into account all the factors of sentencing, including equity in the case of being tried at the same time with the judgment of final judgment, the defendant's age, character and conduct, environment, etc., where the judgment was rendered, the amount obtained by deceit of the reason for the sentencing, the amount of damage recovery, the circumstance of the crime and the circumstances after the crime, the circumstances after the crime, and the judgment