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(영문) 서울북부지방법원 2019.07.19 2018고단4753
사기
Text

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

Reasons

Punishment of the crime

The Defendant, who is engaged in the clothing manufacturing business under the trade name of the Seoul Special Metropolitan City Gwangjin-gu building and the second floor “C”, was supplied by the victim D who engaged in the clothing shop business from around 2007, and supplied the goods ordered by the clothing shop from the clothing shop, and had the same attitude that the victim would not supply the original body due to the accumulation of payment, and had the victim induce the victim to continue to be supplied with the original body, and around March 2015, the Defendant made a false statement to the effect that “The amount unpaid during the period, would be dealt with in any way” to the victim D at the above “C office.” The supply thereafter would convert the method of paying the price to be directly paid from the clothing shop, so that the supply of goods would be able to resume the supply of goods.”

However, in fact, the defendant did not have any intention or ability to make the victim receive the price of the goods directly from the clothing seller.

Ultimately, around June 5, 2015, the Defendant, by deceiving the victim as above, received KRW 48,029yards (C1545C5551) 1,795,200 from the victim E, and acquired KRW 48,029,380 in total over 18 times, such as the list of crimes in the attached list.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each part of the protocol of interrogation of the accused by the prosecution (including the D substitute part) concerning the accused;

1. Some of the statements made by the prosecution and the police concerning D;

1. Investigation report (to hear and report the F phone statement of a witness);

1. Investigation report (to hear a complainant's telephone statement);

1. Investigation report (to hear the statement by telephone, which is the original contracting authority);

1. Investigation report (main phone statement hearing with additional head of GH);

1. Investigation report (the submission of voluntarily submitted data after the suspect is examined) and the account and e-mail (the investigative record No. 328 through 387 pages) of each business operator attached thereto;

1. The submission of accompanying materials, investigation records;

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