beta
(영문) 청주지방법원 2012.12.12 2012고단2273

사기

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

The Defendant is the trade name Dongdaemun-gu Seoul Metropolitan Government from September 2009 to October 201, 201, the trade name of “D” from October 201 to October 201, and the trade name of “E” from November 1, 201 to January 22, 201.

On October 8, 2011, the Defendant stated that “G” in the “G” operation of the Victim F in the Cheong-dong, Dongdaemun-gu Seoul Metropolitan Government, stating that “The Defendant would supply pulmato and sell it to the victim and immediately pay the price.”

However, in fact, the Defendant was engaged in the Cheongbu retail business from September 2009, and was unable to receive part of the price of goods from the customer, and the customer began to be accumulated. From March 201, the Defendant operated the business by using the so-called “debrising” method, which is used to pay the price of goods supplied by the customer and sold by the customer with bonds or by the customer to pay the amount of goods to the other transaction partner. On or around August 201, 201, the Defendant was unable to run the business normally even if the Defendant was supplied with goods from the victim, and thus, it was no longer capable of performing the business normally due to the actual bankruptcy situation, such as the personal debt amounting to KRW 95 million.

Nevertheless, the Defendant received goods equivalent to KRW 1,176,00 in total from 24 victims, such as F, etc., in the same manner as indicated in the attached crime list between August 22, 201 and January 20, 2012, including that the Defendant received from the victim an amount equivalent to KRW 128,757,00 in total from 24 victims, such as F, in the same manner as indicated in the attached crime list.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to H, F, and I;

1. Each written report of F, J, K, M, N, P, Q, R, S, T, V, M, X, Y, Z, AA, AB, AC, and AD;

1. Application of each statement of trading, each receipt, and each statute;

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

1. Aggravation for concurrent crimes;