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(영문) 의정부지방법원 2015.07.31 2014고단4132
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On February 24, 2013, the Defendant made a false statement to the effect that, at the “E office” office of the Defendant’s operation in Yangju-si, the Defendant was liable for the obligation of several million won at the time, and even if the Defendant was supplied with the original body from the victim F because of the absence of any particular revenue or property, the Defendant would not have any intent or ability to pay the original body, if the Defendant sent the original body to the victim “if he sent the original body to make the front body, to pay the original body in cash immediately after the arrival of the original body.”

Around February 28, 2013, the Defendant, by deceiving the victim as such, received approximately KRW 20 million worth of KRW 12 million at the market price from the victim.

2. The Defendant: (a) around March 26, 2013, at the same place as the preceding paragraph, provided that even if the Defendant was supplied with the original team by the victim for the foregoing reasons, at the same time as in the preceding paragraph, the Defendant did not have the intent or ability to pay the original unit, but sent the original unit to the victim eight tons; (b) if the Defendant sent the original unit, the sum of the original unit’s 28 tons, as in the foregoing paragraph (1), shall be added to

4.1. Payment by the day.

“The purpose of “ was to make a false statement.”

Around March 28, 2013, the Defendant, by deceiving the victim as such, received approximately KRW 3.2 million delivery from the victim, of approximately KRW 3.2 million at the market price.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of F;

1. Part of each prosecutor's protocol of interrogation of the defendant (including F's statement)

1. The police statement concerning F;

1. G verification statement and H’s written statement;

1. Receipts and a statement of performance;

1. The guidance chart, details of transactions, and message sent by suspect to the complainant;

1. In the investigation report (the warehouse confirmation, the measurement of the original body confirmation, H currency, the Gyeonggi-do Association of Persons with Disabilities, I telephone conversations), the defendant and his defense counsel have the intent and ability to pay the original body price due to defective performance in the original body supplied by the victim.

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