사기
A defendant shall be punished by imprisonment for six months.
Punishment of the crime
[criminal power] On May 24, 2012, the Defendant was sentenced to four years of imprisonment with prison labor at the Suwon District Court Sejong District Court on the ground of fraud and the judgment became final and conclusive on August 24, 2012.
【Criminal Facts】
The Defendant, along with B, B, B (tentative name), and C (tentative name), established a memorial company and conspired to receive large volume of goods from small and medium enterprises and to acquire the price of the goods.
On October 15, 201, the Defendant provided a person who borrowed the name of the representative director of the old-age company, and the above B and B provided a business registration and funds necessary for the establishment of the old-age company at the time of goods distribution and the establishment of the old-age company, and shared each of the roles, such as having contacted merchants and had sexual intercourses with credit transaction. On October 15, 201, the Defendant established a State BF on the third floor of Gangseo-gu Seoul Metropolitan Government with BD as the representative director on the name of the representative director, and prepared a warehouse of “BH” in the Kimpo-si BG on November 15, 2011.
Around November 15, 2011, the Defendant, along with the foregoing B, made a false statement to the victim E-W at the above (BF office) office, stating that “The price for the Jeju-do goods will be settled on a 15-day basis by delivering the name cards, north-do bonds, and name tags imported from China.”
그러나 사실은 피고인 등은 피해자로부터 물품을 납품받더라도 이를 다른 곳에 판매한 후 그 대금을 가로챌 생각이었을 뿐 물품을 대금을 지급할 의사나 능력이 없었다.
The Defendant, in collusion with the above B, etc., by deceiving the victim as such, and by deceiving the victim, obtained the delivery of the b5,153,000 won from the victim, and obtained the delivery of b5,153,00 won.
Summary of Evidence
1. Defendant's legal statement;
1. Statement by the police for EW;
1. A complaint;
1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (report attached to written judgments);
1. Article 347 (1) of the Criminal Act applicable to the crime;
1. The reason for sentencing under the latter part of Article 37 and Article 39(1) of the Criminal Code for concurrent crimes is very poor in light of the contents and methods of deception of the crime in this case, and restitution of damage.