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(영문) 수원지방법원 2013.07.24 2013고단1226

사기

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On August 17, 2012, the Defendant stated to the effect that “E” in the operation of the Victim D in Suwon-si C and C, and that, on the condition that cash payments of KRW 13,800,000 from the end of August 2012 to the end of August 17, 2012, the Defendant would purchase 10 Puyang-si 10 Pusan C, including the total of KRW 60 x 60 x f0 x 360 x 363 pusan C and Pusan-si 3 pu.

However, in fact, the defendant did not have the intent or ability to pay the price even if he did not receive the goods from the victim because he did not know about the soup and soup at the house which was taken at the time.

Nevertheless, as such, the Defendant, by deceiving the victim, received on August 18, 2012 from the above office from the victim, EXE 120, 120, YE 360, YE 360, and YE 90, YE 90, and YE 3,000, by receiving three roots from the victim on September 20, 2012, acquired the total market value of 13,179,00 won.

Summary of Evidence

1. The defendant's partial statement in court as witness D;

1. Application of Acts and subordinate statutes to each police officer's and each prosecutor's protocol of suspect examination against the accused such as written statements (including written statements in D), written complaints filed by the police officer's statement, goods purchase contract, text messages, investigation report (in relation to investigation of the suspect's ability to repay), each case's disposition results certificate, reply, investigation report (related to the amount of damaged goods), product purchase contract (information related to the amount of damaged goods), investigation report (information related to the amount of the damaged goods), investigation report (information on the suspect's ability - statement related to the amount of the transferred goods), transfer household inspection records, monthly investigation report for the suspect

1. Article 347 (1) of the Criminal Act comprehensively including relevant provisions concerning the facts constituting an offense and the choice of punishment;

1. Article 62 (1) of the Criminal Act;

1. The defendant's argument regarding the defendant's assertion under Article 62-2 of the Social Service Order Criminal Act is a purchase contract with the victim for the mountain 10-gu mountain 10 units.