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(영문) 울산지방법원 2017.11.01 2017고단1607

사기등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 10, 2008, the Defendant was sentenced to a suspended sentence of 6 months for violating the Illegal Check Control Act by the Ulsan District Court, and the judgment was final and conclusive on the 18th of the same month, and operated the D Mart in Yangsan City C.

1. Around September 1, 2007, the Defendant made a false statement to the effect that “The Defendant would make payments to the victim E without the monthly framework.”

However, there was no intention or ability to pay the price for the goods to the victim because the management status of the Mart has deteriorated to the extent that the creditor of the defendant seizes the goods in the Mart, and the situation was to the extent that the defendant could not settle all the defendant's obligations even if he disposes of the Mart

The Defendant, as such, by deceiving the victim from the victim and deceiving him from February 21, 2008, received “eel cream” equivalent to the market price of KRW 3,789,120, as shown in Appendix I and Appendix II, and “eel cream” equivalent to the market price of KRW 10,680,310, and acquired the total market price of KRW 14,469,430, as shown in Appendix II.

2. Around February 28, 2008, the Defendant embezzled the Defendant’s embezzlement by voluntarily disposing of the Defendant’s creditor while the victim entered into a contract for the supply of ice cream with the Defendant, which was leased to the Defendant’s cream and installed for the storage of ice cream. The Defendant embezzled the amount equivalent to KRW 5,130,000,000, total market value of KRW 5,130,000 for the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol for police statements to E (including attached documents, list of evidence Nos. 7 through 13);

1. Investigation report (126,235 pages of evidence);

1. Previous convictions: The application of Acts and subordinate statutes after inquiring about criminal history and reporting the results of previous convictions;

1. Relevant Article 347 (1) of the Criminal Act, embezzlement of selective punishment for a crime: Article 355 (1) of the Criminal Act, and selective punishment for a crime: Selection of imprisonment;

1. To treat concurrent crimes;