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(영문) 수원지방법원 성남지원 2013.11.28 2013고단2223

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

On November 10, 2012, the Defendant issued a letter of intent equivalent to KRW 1,674,00,00, to the victim’s 'C’ store operated by the victim B on the 3rd floor of the 1285 Ba-si Suwon-si, Suwon-si, Suwon-si, stating that the victim B would pay the clothes later in cash.

However, as above, even if the Defendant purchased the above clothing, the Defendant had no intention or ability to pay the proceeds because the amount of the obligation reaches KRW 100 million and all revenues are used to repay the obligation.

As such, the Defendant, by deceiving the victim as such, received from the victim the said date and time from January 17, 2013, a total of 53,246,00 won from the victim to the victim, as shown in the attached list of crimes, and acquired it by deception.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes governing the list of crimes to be produced by the complainant;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act in which the defendant partly pays the amount of damage to him/her

1. Article 62-2 (1) of the Criminal Act regarding community service order;