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(영문) 수원지방법원 2016.08.10 2016고단3006
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant, who is engaged in ice Doing and wholesale retail business, worked for Iging Doing & wholesale business on May 2, 2008 at the office of D, which is operated by the victim C on May 2, 2008, and the victim "if the defendant sells ice ice and other company ice ice ice by exchanging ice ice ice and other company ice ice ice, it would be delivered to the victim at a place designated by Iging Doing and selling the above amount of profits. By May 25, 2008, the defendant exchanged ice ice ice ice ice in exchange for the same amount of money.

“......”

However, even if the defendant is supplied with ice ice as a result of the supply from the injured party, he only planned to sell it and use it for the repayment of his personal obligation, and there was no intention or ability to deliver it by exchanging ice ice ice as agreed by the injured party.

As above, the Defendant: (a) by deceiving the victim; (b) by deceiving the victim; and (c) by deceiving the victim, the ice ices equivalent to KRW 14,469,559 on the same day; and (d) obtained the ice ices equivalent to KRW 10,342,300 on May 15, 2008 from each supply; and (b) obtained the ice ices equivalent to KRW 24,81,859 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to C by the police in the protocol; and

1. Application of each Act and subordinate statute on each transaction statement and copy of business registration certificate;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (i.e., conditions favorable to the following reasons for sentencing)

1. The scope of the recommended punishment for the sentencing criteria / [type] the scope of the recommended punishment for the sentencing criteria / [type 1 (less than KRW 100,00)] the mitigated area (person subject to special mitigation], and the number of months to one year; and

2. It is advantageous to the fact that the defendant who has been sentenced to a fine once for a crime of this kind has no record of crime except for the punishment imposed by a fine. The confession of the crime, and the defendant is against the victim by the unanimous agreement with the victim, and the victim does not want the punishment against the defendant.

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