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(영문) 대전지방법원 2014.04.25 2014고단574

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On July 2013, the Defendant: (a) was a person who worked as an intermediary wholesaler in the E market located in Seo-gu, Seo-gu, Seo-gu, Seocheon-si; and (b) was issued a 110,942,000 won in total at the market price on 12 occasions from July 11, 2013 to August 30, 2013 by requesting the victim G, an intermediary wholesaler belonging to F, to purchase and sell f in the said market; (c) on behalf of the Defendant, he/she could not purchase f in different ways; and (d) on behalf of the Defendant, he/she would deliver it to the factory and pay 40 days after delivery.”

In fact, even though the Defendant was unable to repay the price for the two-waves delivered from the victim as agreed because the contract to deliver them to the factory was not concluded, it is insufficient to recognize that the Defendant was a plan to use the two-waves by auction in another market from the time the Defendant was supplied with the two-waves, and thus, the part of the contents of the indictment as stated in the indictment shall be deleted ex officio.

However, at least, it is recognized that the defendant has sold both waves after committing the crime to another market by auction, which is the reason for sentencing.

As above, after the victim made a false statement and received a sect from the victim, the victim paid only KRW 53,300,000 out of the sect by September 10, 2013, thereby deceiving the victim to acquire property benefits equivalent to KRW 57,642,00 by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. The pertinent statutory provisions and the choice of punishment for the criminal facts subject to each statutory statement of HG: The reason for sentencing of Article 347(1) of the Criminal Act [the scope of recommending punishment] The crime group, the general fraud (type 1), the basic area, the imprisonment with labor for June to 1st June [the decision of sentencing] imprisonment with labor for not less than one time and not more than one criminal punishment for August, 2000, using the personal trust relationship with the criminal act committed by willful negligence, for the purpose of hiding.