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(영문) 인천지방법원 2015.05.18 2015고정1296

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 April 24, 2014, the Defendant was sentenced to a suspended sentence of 8 months of imprisonment by the Incheon District Court on the grounds of a violation of the Road Traffic Act, etc., and the said judgment became final and conclusive on May 2, 2014.

The defendant is a person who has operated static points in Bupyeong-gu Incheon Metropolitan City B.

The victim “C” is a company that engages in the wholesale business of livestock products.

Even if the defendant is supplied with goods from the victim company, he/she did not have the intention or ability to pay the price.

1. Nevertheless, the Defendant, at the “C” located in Bupyeong-gu Incheon Metropolitan Government D on September 2, 2013, opened new static points to the victim company and asked for the supply of livestock products, and around that time, the Defendant received from the victim company the sum of 3,76 kilograms (191,760 won), 13 kilograms (715,700 won), 8.26 kilograms (4,300 won), 12.22 kilograms (2, 238,290 won), 3.56 kilograms (17,40 won), 1.88 kilograms (14,680 won), 6.80 kilograms (108,80 won), 180 kilograms (108,80 won), 184, 2884, 287, 4084, 197, 27884, 197, 27840 kilograms of Korea-China (196,4800 kilograms).7

2. On September 7, 2013, the Defendant was supplied with “26.80 kilograms of money (38,600 won)” from the victim company in the same manner and at the same place as the above 1.1.

As above, the Defendant deceptioned the victim company and received a total amount of KRW 3,316,257 livestock products from the victim company twice, and acquired financial profits equivalent to the same amount.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A complaint;

1. Previous convictions in judgment: Results of case search, and application of Acts and subordinate statutes of one copy of judgment;

1. In the context of Article 347(1) of the Criminal Act applicable to the crime and Article 347 of the choice of punishment.