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(영문) 대구지방법원 서부지원 2019.07.09 2017고정863

사기

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On February 10, 2017, the Defendant was sentenced to imprisonment with prison labor and two years and two months in the Daegu District Court for fraud, etc. on April 14, 2017, and the judgment became final and conclusive.

From March 16, 2015, the Defendant: (a) was engaged in new import and wholesale retail business in the name of “C” on the second floor of the building located in Daegu-gu B and in the second floor; (b) was already in the state of suspension of new import from Hong Kong from July 2015; (c) was not in possession of the goods ordered from the victim D; and (d) was unable to normally supply the goods ordered from the victim, the Defendant concluded a contract with the victim for the supply of new sales in the age of the victim; and (c) was able to obtain the price by fraud from the victim.

On July 13, 2015, the Defendant received KRW 14,500,000 from the victim’s agricultural bank account (E) in the name of the Defendant on the same day on the same day, on the following grounds: “The Defendant would send 100,000,000,000 to the Defendant’s agricultural bank account (E) in the name of the Defendant on the same day.”

B. On July 15, 2015, the Defendant, at the above C office, concluded that “The Defendant would further send the Defendant the 74 turn 74,000 square meters back to the Defendant’s agricultural bank account (E) in the name of the Defendant on July 16, 2015,” and received KRW 16,720,00 from the victim.

Accordingly, the defendant deceivings the victim and defrauds 31,220,000 won in total over twice.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. A complaint, a certificate of borrowing, a statement of account transaction, and a purchase contract;

1. Previous convictions indicated in the judgment: Criminal records, reply reports (A) and application of Acts and subordinate statutes to investigation reports (the same type of criminal records and confirmation of suspects);

1. Article 347 (1) of the Criminal Act and Article 347 (1) of the same Act concerning the applicable criminal facts, the selection of fines;

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

1. The Criminal Act among concurrent crimes.