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(영문) 광주지방법원 2013.06.25 2013고단1158
사기
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

On December 13, 2012, the Defendant was sentenced to eight months of imprisonment with prison labor for fraud, etc. in the Gwangju District Court's Netcheon Branch on December 13, 2012, and the above judgment became final and conclusive on May 31, 20

Criminal facts

On March 8, 2012, the Defendant made a false statement to the victim D (n, 57 years old) in the dry field of the victim D (n, 57 years old) located in P, and via E, that “I would immediately pay the price for 1,050 p, red tree 1,050 shares on the following day,” to the victim.

However, the defendant did not pay the seeds and seedlings that he had previously received from other distributors, and even if he was supplied with trees from the victim, he did not have any intention or ability to pay the price on the date of the promise.

The Defendant received 1,050 shares of tree seedlings from the victim, namely, at the market price of 3,150,000 won.

Summary of Evidence

1. The defendant's legal statement (the third trial date);

1. Each police statement made to D or F;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (verification as to whether a judgment by a defendant A becomes final and conclusive);

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

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

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

1. Social service order under Article 62-2 of the Criminal Act;

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