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(영문) 수원지방법원 안양지원 2019.08.27 2019고단210

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Criminal Power] On August 18, 2010, the Defendant was sentenced to the suspension of the execution of four months of imprisonment for the violation of the Punishment of Tax Evaders Act at the Incheon District Court on August 26, 2010 and the said judgment became final and conclusive on August 26, 2010

【Criminal Facts】

The defendant, who was engaged in wholesale and retail business, such as taxation and miscellaneous, in the name of "C" in Yeongdeungpo-gu Seoul Metropolitan Government, and around October 2008, at the victim E office located in Gangnam-gu Seoul Metropolitan Government, the defendant provided the victim's employee with a payment guarantee letter of KRW 300 million amount issued in F as security. When supplying goods, such as clothes, he/she would give approval of the payment on the 20th day of the following month. However, the defendant did not have any particular financial ability and did not have any intent or ability to pay the payment normally even if he/she receives the goods from the victim because he/she had no value of the above payment guarantee letter.

Nevertheless, the Defendant, by deceiving the victim as above, obtained goods equivalent to KRW 33,221,430, such as know-how around December 16, 2008 from the victim, and acquired goods in total amount of KRW 290,515,170 from around that time to February 3, 2009, including the content of the crime list.

Summary of Evidence

1. A witness G or H’s legal statement (or a legal statement in part);

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution (including a substitute) ;

1. Statement of the police officer to I;

1. A complaint (including attached documents);

1. Previous records of judgment: Criminal records, inquiry reports, summary records of case agreements, aid meetings, application of court rulings and other statutes;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment (generally, choice of imprisonment);

1. The grounds for the sentencing of the latter part of Article 37 and Article 39(1) of the Criminal Code for concurrent crimes are KRW 290,000,000,000, not agreed with the victim, a part of the amount of damage was paid at the time of the instant transaction, and a prosecution is instituted after nine years have passed since the complaint was received on May 13, 2009.