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(영문) 인천지방법원 2019.06.27 2019고단2049

사기

Text

A defendant shall be punished by imprisonment for four months.

except that 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 July 10, 2018, the Defendant was sentenced to imprisonment for six months with prison labor for a violation of the Punishment of Violences, etc. Act (joint conflict) at the Incheon District Court on July 10, 2018, and the said judgment became final and conclusive on May 17, 2019.

【Criminal Facts】

In the process of concluding a contract for continuous supply of medicine from the victim corporation D at the Nam-gu Incheon Metropolitan Government B building and the office of the fourth floor C office on February 15, 2017, the Defendant heard the phrase “it is possible to make a transaction with goods only by a joint guarantor,” and “F is a joint and several surety,” and “F is a joint and several surety, and the said joint and several surety was forged.

As above, the Defendant, by deceiving the victim, received from the victim the total amount of KRW 64,086,600 from around that time to April 18, 2017, as shown in the attached list of crimes, and acquired it by deception.

Summary of Evidence

1. Defendant's legal statement;

1. Statement G in the suspect examination protocol of the accused by the prosecution;

1. A copy of the prosecutor's statement concerning the F;

1. Investigation reports (the Director of the Trade Office, separate and joint guarantee certificates, credit reports, and attachment of judgment in a lawsuit for the price of goods);

1. The president of each transaction, separate and joint guarantee certificates, and judgment in a lawsuit for the price of goods;

1. Joint guarantee certificates;

1. Previous convictions indicated in the judgment: Criminal history records, reply reports (A), investigation reports (Attachment of related decisions), and the application of Acts and subordinate statutes related to prosecution and forwarding dated May 31, 2019;

1. Relevant Article 347 (1) of the Criminal Act and the choice of punishment for the crime;

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Although the crime of this case committed by acquiring a joint and several surety that forged the reason for sentencing under Article 62(1) of the Criminal Act is not appropriate, the actual amount of damage, excluding marketing commission, the returned goods price, and the repayment amount (4 million won), did not exceed 20 million won.