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(영문) 춘천지방법원 속초지원 2019.01.16 2018고단148

사기

Text

A defendant shall be punished by imprisonment for six 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

【Criminal Power】 On January 27, 2015, the Defendant was sentenced to imprisonment with prison labor for three years and six months at the Gangnam Branch of the Chuncheon District Court, and ten months, and the judgment became final and conclusive on February 2, 2015.

【The Defendant, who was engaged in the fishery products brokerage business in the name of “C” from the beginning of the Sinsisi, obtained approximately KRW 276,609,172 from the victim D from June 6, 2009 to August 2012 at the Seocho Branch Office of the Chuncheon District Prosecutors’ Office from around January 2013.

‘A person under investigation' was investigated as a suspected fact.

In the instant case, the Defendant was indicted on December 30, 2013 at the Seocho District Court Branch of the Chuncheon District Court and was sentenced to imprisonment for three years and six months.

1. On October 20, 2013, the Defendant called the above victim at an insular place located at the beginning of Si from the beginning of Si on October 2013, the Defendant stated to the effect that “When sending 650 stuffs, the Defendant will deliver the proceeds to E and remitted the proceeds to E,” and that the proceeds would not be detached as much as the proceeds are traded through E.

However, even though the Defendant was planned to supply 525 stuffs to E, it was false that the Defendant supplied 650 stuffs to the victim. The remaining 125 stuffs were disposed of to other companies, and the price was intended to be arbitrarily used by the victim, and there was no intention or ability to pay the price for 125 stuffs properly.

Nevertheless, the Defendant received approximately KRW 4,713,50 of the market price from the victim and acquired the property equivalent to the same amount from the victim.

2. On October 28, 2013, the Defendant continued to make a false statement that “If he/she received an order from E to send 1,700 gambling boxes, he/she will deliver it to E and pay it.”

However, in fact, the defendant did not have received orders of 1,700 gambling from E, and even if he received wrongs from the victim, it is different.