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(영문) 서울동부지방법원 2013.10.30 2013고단1447
사기
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

The Defendant is a person who engages in the distribution business under the trade name, “stock company E,” in Seoul Songpa-gu D-8144, and the victim F is the head of G farming association.

On February 6, 2012, at the above company office, the Defendant made a false statement to the victim, stating that “If the Defendant produces red ginseng products and supplies them to our company, it would be able to sell them to the expressway rest area. In the first place until March, 201, the Defendant made and supplied He Hong ginseng department (25g) 1,000 feet, and then made it possible to settle the account at the time of entry of the money in April, 2012, at the above office around March 14, 2012.”

However, even if the Defendant received red ginseng products from the victim as a monthly average sales amounting to approximately KRW 4 million, and received them to supply them to the rest area and received sales proceeds, the Defendant was insufficient to pay the monthly salary and oil value of the delivery driver. Therefore, the Defendant did not have any intent or ability to pay the price to the victim.

As above, from April 18, 2012 to June 26, 2012, the Defendant: (a) by deceiving the victim; (b) received from the victim, the Defendant issued red ginseng products worth KRW 14,430,000 of the market price of KRW 14,620 (25g); (c) red ginseng products, including KRW 10,620, total market price of KRW 18,230,00, and the red ginseng products, including KRW 10,620, total market price of KRW 18,230,00,000, in total, six times, as indicated in the annexed List of Crimes.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Partial statement of the police interrogation protocol of the accused (including the F substitute part);

1. The police statement concerning F;

1. A written agreement, a detailed statement of transaction, and a statement of execution of payment;

1. Previous records of judgment: Criminal records, investigation reports (Attachment to previous records and copies of written judgments) and application of Acts and subordinate statutes concerning personal confinement;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act;

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