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(영문) 부산지방법원 동부지원 2018.08.08 2018고단980

사기

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

The Defendant: (a) established a corporation that is one of his name-free accomplices (hereinafter “C”) and D to purchase agricultural and fishery products in the name of D; (b) planned to prevent the Defendant from committing fraud by means of not paying a large quantity of agricultural products after obtaining trust from a wholesaler by the method of normally paying the price; and (c) by receiving a large quantity of agricultural products.

Accordingly, on January 3, 2018, the Defendant would pay the victim G from the F located in Busan Seo-gu, Busan, to pay the victim G the face value of the supply of drilling, Pacific, etc.

After entering into a transaction, "the phrase is called, three million won out of the price of supplied goods is normally paid, and even if the goods are purchased on credit with the victim's trust, the victim is threatened with the victim as if he would normally pay the price, and the member was obtained from the injured person about five times from January 7, 2018 to January 31, 2018 and obtained the delivery of c3,319,000 won of the market price and Pacifica amounting to five times from January 7, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes on transaction details;

1. Article 347(1) and Article 340 of the Criminal Act regarding the relevant criminal facts, Articles 347(1) and 30 of the Criminal Act regarding the selection of punishment, the reason for sentencing of punishment by imprisonment is the primary criminal, and circumstances to be considered in the health of the defendant.

However, in consideration of the fact that the criminal law of this case was inadequate, the victim's damage is not completely recovered, and the possibility of recovery is low, and the role of the defendant in the crime of this case is not less than that of the defendant, a sentence shall be imposed on the defendant.

In addition, the defendant's age, sex, environment, means and result of the crime, and the circumstances after the crime, etc. shall be determined as ordered by taking into account the various sentencing conditions in the trial process of this case.