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(영문) 부산지방법원 2013.11.13 2013고단4101

사기

Text

A defendant shall be punished by imprisonment for six months.

An application filed by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

On March 15, 2012, the Defendant made a false statement to the victim C office operated by the victim Co., Ltd., Ltd. in Seo-gu Busan Office 208, stating, “I can pay the price in full within one month after he/she supplied it to the customer by making it as a processed product.”

However, at the time, the defendant was unable to pay the monthly income of the office, and even if he was paid the sales proceeds due to financial difficulties to the extent of deduction from the deposit, he did not have an intent and ability

As such, the Defendant, by deceiving the victim and being supplied with 100 boxes of 3,450,000 won at the market price on the same day from the victim, seems to be a clerical error on April 19, 2012 of the indictment, such as the statement in the list of crimes in the attached Form. < Amended by Presidential Decree No. 23715, Apr. 12, 2012>

Up to six times, fishery products in an amount equivalent to KRW 56,755,00 were obtained and acquired through fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. E prosecutorial statement;

1. Application of Acts and subordinate statutes governing the sales of credit accounts by customer;

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. Article 32(1) and (2), and Article 25(3)3 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc. of Application for Compensation (hereinafter “Act on Special Cases Concerning the Dismissal of Action, etc.”) of the Defendant started to receive fishery products on credit from the victim without securing markets in financial difficulties, and only partially processed fishery products from among the fishery products delivered on March 16, 2012, to be lower than the remainder and the fishery products received thereafter, and processed on April 4, 2012. < Amended by Act No. 11488, Apr. 2, 2012>