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(영문) 수원지방법원 안양지원 2015.10.22 2015고단304

사기등

Text

Defendant

A shall be punished by imprisonment with prison labor for a period of two and half years, and by imprisonment for a period of eight months.

Reasons

Punishment of the crime

[2] The Defendant revised and supplemented part of the facts charged in the instant case without following the amendment of indictment to the extent that the identity of the facts charged against Defendant A was recognized and that there is no risk of causing substantial disadvantage to the Defendant’s exercise of the Defendant’s right to defense. ] The Defendant is operating a cosmetic container printing company and did not directly produce cosmetics, and there was no experience in supplying cosmetics from other companies and supplying cosmetics to customers. In the latter part of 2014, there was business failure and marbling around the second half of 2014, but there was no other property owned by the victims, and there was no other intention or ability to pay cosmetic normally even if cosmetics received supply price from the victims.

1. Around December 16, 2014, the Defendant committed the crime against the victim E made a false statement to the effect that, at the G office of the Defendant’s operation on the second floor of the F building in Ansan-gu, Mayang-si, the Defendant would provide the victim operating the “H”, a cosmetics distributor, with the payment in advance.”

However, under the above circumstances at the time, the Defendant was planning to use the cosmetic for the purpose of personal debt repayment even if he did not have the intent or ability to deliver the cosmetic to the victim, and received the money from the victim.

The Defendant, on December 16, 2014, received KRW 26 million from the victim’s account in the name of the Defendant from the victim, from that time, and on January 5, 2015, indicated in attached Table 1: Provided, That the date and time of No. 1 per year shall be deemed as “ around December 15, 2014” from “ around December 16, 2014” to “2 and 3, etc. of the investigation records of this case.” The Defendant deleted “debris” on the two or five occasions per year, and deleted “136,100,000 won” from “140,000 won” to “136,100,000 won in the main sentence of the facts charged and attached Table 1” to “10,010,000 won in the list of crimes.