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(영문) 인천지방법원 2019.07.26 2018고단8851

사기

Text

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

Reasons

Punishment of the crime

The defendant is a person who operates a dispute resolution committee for the export and import of automobile-related products, such as a setter, in Seo-gu Incheon Metropolitan City.

Around October 25, 2013, the Defendant made a false statement to the victim E, who operates D, which is a distribution company, at the office of the Dispute Resolution Co., Ltd., the Defendant: (a) stated, “The distribution is required by not later than October 26, 2013, i.e., Saturdays. the amount of the goods will be paid together with the outstanding amount of KRW 18,053,660 that remains until October 29, 2013, i.e., the amount of the goods will be paid together with the outstanding amount of KRW 18,053,60 that remains until October 29, 2013.”

However, the Defendant failed to settle the debt amounting to 2.5 billion won including the unpaid amount of goods accumulated in the amount of KRW 1 billion. On October 26, 2013, the Defendant was planned to flee to the Philippines. The Defendant was supplied with an automobile exhauster by the victim and intended to use it for the settlement of retirement allowances to the employees of the KCAB and did not have the intent or ability to pay the amount even if he was supplied with the ship exhauster by the victim.

Nevertheless, on October 25, 2013, the Defendant: (a) by deceiving the victim; and (b) received from the victim, a total of 40,488,000 won of the market value of the automobile on two occasions, including 288 automobile exhausters, around October 26, 2013; and (c) around October 26, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the transaction ledger and Acts and subordinate statutes;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting the crime, Article 347 (1) of the Criminal Act selection of the penalty, and reasons

1. The scope of recommendation types according to the sentencing criteria [the scope of recommendation types] general fraud types 1 (less than 100 million won) and basic areas (not less than six months to one year and six months) (no special person);

2. The defendant who was sentenced to the sentence leads to the confession of the crime and reflects the wrongness, and there is no record of punishment for the same crime.

However, even though the amount of damage is not so big, damage recovery or victims are still.