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(영문) 대전지방법원 서산지원 2017.04.14 2016고단87
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 26, 2013, the Defendant: (a) operated by the Victim C in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun on April 10, 2013; (b) 40 passengers with tourist buses from Daejeon on April 28, 201.

If the fireworks contain 40 boxes in 5 km each, customers will approve the flowers value with the company corporate card if they contain the 40 boxes, and the same year.

4. 28. Around 28.m., “the victim became aware of the customer.”

If the injured party sent the fireworks to a door-to-door to the address indicated on the paper that put them in a freezing warehouse and send them inside, then the injured party sent the fireworks to a door-to-door store at the address known by the Defendant, he/she made a false statement as if he/she would pay the price if he/she sent the fireworks to the address known by the Defendant.

However, even if the defendant without any particular property or income at the time and because of economic difficulties, such as bad credit standing, the defendant sent a fireworks to his domicile known to the defendant, the defendant received the price for the fireworks and thought to use it for the hospital expenses, personal living expenses, etc., and did not have the intention or ability to pay the price to the victim.

On April 29, 2013, the Defendant: (a) by deceiving the victim; (b) demanded the victim to send 20 km to E at home an amount equivalent to KRW 560,000 at the market price; (c) and (d) demanded the victim to send 20 km at home from around 20,000 to May 10, 2013; and (d) obtained financial benefits equivalent to the same amount of money from around 56 times to around 21,140,000 at the market price.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each protocol concerning the examination of the suspect of the police against the defendant (including the part recorded inC);

1. Statement made by the police against C;

1. The name and address of the recipient, the detailed statement of the transport site, the investigation report (the investigations of the other recipient of the fireworks), the investigation report (other than a case) and the investigation report (the details of the bank transaction that the suspect submitted).

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