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(영문) 의정부지방법원 2015.06.16 2014고단4202

사기

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On June 3, 2014, the Defendant entered into a false statement that the Defendant would supply 3-4 tons of the strike to the victim for one year in spite of having no intent or ability to supply the land arising from the factory of the C company to the victim D at the site office of the C company located in Yangju-si, and received KRW 3 million in advance from the victim’s account (Account Number E) in the name of the Defendant.

Accordingly, the defendant was given property by deceiving the victim.

2. On June 9, 2014, the Defendant: (a) made a false statement that the Defendant would supply fibers to the victim despite having no intent or ability to supply the Textiless (Abx 5,000 gress) to the victim even if he/she received a prepaid payment from the victim; (b) made a false statement that the Defendant would supply the Textiless to the victim; and (c) received KRW 3 million in advance from the victim’s account in the name of F (Account Number: G); and (d) received KRW 3 million in advance from the victim at the time of the same year.

7. 8. up to seven occasions, as described in the list of crimes, the sum of KRW 18.8 million was paid from the victim to the Agricultural Cooperative Account in the above F’s name and the Agricultural Cooperative Account (Account Number: E) in the name of the defendant, respectively.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police with regard to D (Supplementary to Complaints);

1. A complaint (including the original purchase contract attached thereto, each letter, and the statement of deposits in a passbook);

1. A report on investigation (Submission of a transfer certificate);

1. Investigation report (verification of the details, etc. of the contract with the counter party who has filed a complaint);

1. Application of investigation reports (attached to details of transactions of agricultural cooperatives under the name of the suspect);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the scope of recommending punishment) of the suspended sentence.