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(영문) 수원지방법원 안산지원 2015.11.26 2012고단2773

사기

Text

A defendant shall be punished by imprisonment for a term of one year and three months.

An application filed by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

On April 6, 2007, the Defendant was sentenced to imprisonment for a year and six months with prison labor for the injury resulting from confinement at the Seoul Southern District Court on April 22, 2007, and the execution of the sentence was terminated on April 22, 2007. On April 7, 2009, the Defendant was sentenced to a suspended sentence of one year for six months for a violation of the Illegal Check Control Act, and the said judgment became final and conclusive on November 6, 2009.

The Defendant, as an actual operator of the beverage manufacturing chain (ju)G, was supplied with a beverage packing room by the Victim F (Representative H) F (Representative H), but did not have an intent or ability to pay the price normally. However, the Defendant had attempted to obtain money by paying a part of the price at the beginning of the transaction, or paying the loan bills and the loan units table that are anticipated to be defaulted, thereby having the victim aware of the fact, while having been supplied with a beverage packing room continuously by extending the payment due date.

On October 23, 2007, the Defendant, at the F Office of the Victim Co., Ltd., Ltd., Ltd., a package gambling manufacturing company located in Ansan-si, Seoul-si, by means of falsity, the Defendant: “If he supplies the beverage packing room, he would normally settle the price of the beverage packing up to November 30, 2007; and the Defendant, at that time, acquired the food packaging room with a total amount of KRW 120,031,350 won from the victim, as shown in the attached list of crimes, from that time until June 2, 2008.”

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Statement made by a witness H in the third protocol of the trial;

1. The description of the witness K's partial statement in the fourth trial record;

1. Some of the protocol concerning the examination of the suspect against the accused by the prosecution (including the cross-examination);

1. Six copies of non-performing bills and one copy of the number of units of each non-performing bill;

1. A copy of the written opinion (K, L);

1. Copies of the details of damage submitted by the complainant;

1. Answers to each request for data (M., stock company N);

1. A previous conviction in judgment: