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(영문) 대전지방법원 논산지원 2013.10.29 2013고단111
사기
Text

1. The defendant shall be punished by imprisonment for four months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

[Criminal Power] On January 5, 2010, the Defendant was sentenced to eight months of imprisonment for fraud in the Daejeon District Court's astronomical Branch on January 12, 2010, and the judgment became final and conclusive on January 12, 2010.

【Criminal Facts】

On July 2007, the Defendant, along with the early patroler C, D, etc., pretended to run a normal distribution business under the trade name “F” in Kim Sea E, and expanded transactions by means of receiving goods on credit from various commodity distributors and paying a certain amount of credit, thereby securing a large quantity of goods, and then, the Defendant did not fully pay the price in full and passed a resolution to escape.

Around 10:00 on September 11, 2007, the Defendant issued orders for goods, such as cosmetics, etc., to the victim G by posting a telephone to the effect that “I would make a settlement immediately if I want to supply cosmetics, etc. manufactured and sold by the President Company,” and having the victim G pay the price properly.

The Defendant, by deceiving the victim, was supplied with goods such as cosmetics equivalent to KRW 9,110,00 on the same day by the victim, and was supplied with goods equivalent to KRW 11,682,40 on the 20th day of the same month by the Defendant, and was supplied with goods equivalent to KRW 20,792,40 on the aggregate.

Accordingly, the defendant, in collusion with C, D, etc., acquired goods equivalent to the above amount from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Entry of C in the suspect examination protocol of the prosecution;

1. Statement of each police suspect interrogation protocol against H and D;

1. Statement made by the police officer in G; and

1. Each statement of each written decision, such as written confirmation of prohibition of transaction comparison, etc.;

1. Criminal records as stated in the judgment: Application of each of the Acts and subordinate statutes stated in the written request for criminal records, written investigation reports (Attachment of final judgment in 2010);

1. Relevant provisions of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the selection of criminal facts;

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 62 (1) of the Criminal Act;

1. Probation Criminal Act;

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