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(영문) 서울남부지방법원 2012.12.13 2012고단4032

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The defendant is a person who operates F Co., Ltd. which wholesale and retails Nowon-gu in Seoul, Yongsan-gu, Seoul, the second floor in the second floor, and the victim G Co., Ltd is a general sales company that supplies computers and peripheral devices.

The defendant had a mind to arrange a business entity due to cumulative losses and prepared money by selling it to other companies on the same day.

On May 25, 2012, the Defendant made a false statement that “the Defendant would pay the price by the end of the following month if he/she supplies the goods” by posting a telephone to the victim company in the second floor of Yongsan-gu Seoul E-Ga.

However, there was no intention or ability to pay the price even if the victim is supplied with the goods from the company.

The Defendant was supplied by the victim company with a computer equivalent to KRW 92,605,00 on the same day at around 15:00.

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

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of the accused by the prosecution (including a cross-examination);

1. Statement of the police statement related H;

1. A complaint;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. The pertinent legal provisions on criminal facts and Article 347(1) of the Criminal Act (Selection of Imprisonment) [In the absence of ability to repay the debts of approximately KRW 1 billion at the time of the instant case, the Defendant committed the instant crime with planned defraudation by being supplied with a computer equivalent to KRW 92,605,00 from the victim company and selling and locked the computer on the day of the instant crime; the Defendant deposited KRW 20 million; the Defendant did not recover damages as to the remainder of the damages (in the process of an auction, it is difficult to recover damages as the second-class mortgagee).

The injured party shall be equivalent to the amount of damage and the injured party shall be against the accused.