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(영문) 창원지방법원 마산지원 2019.01.08 2018고단1071
사기
Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Criminal facts

On August 22, 2017, the Defendant was sentenced to two years of imprisonment for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Delivery, etc. of False Tax Invoice), three years of suspended execution, and fine of three billion won for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Delivery, etc. of False Tax Invoice), and the judgment became final and conclusive on April 24, 2018. On July 13, 2018, the Defendant was sentenced to four months of imprisonment for a crime of fraud in the Changwon District Court's Jeju District Court's Voluntary Branch branch, and

Around December 30, 2017, the Defendant made a false statement to the victim C, stating, “I would sell a thing if I wish to sell a thing, such as ju, ju, farming, and china, on credit.”

However, in fact, the defendant sold active terms supplied by the victim to another place, received the price, and did not have an intention or ability to pay active terms to the victim.

As above, the Defendant, by deceiving the victim as above, received 1,570km 1,570km from the victim on the same day on January 5, 2018 and received 32,757,000 won in total from the market price by being supplied with Doro 1,130km and 180km around January 14, 2018.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Part of the prosecutor's protocol of examination of the defendant concerning the defendant

1. Part of the defendant's statement in each protocol of interrogation of the police against the defendant

1. Part concerning C’s statement among the interrogation protocol of the second interrogation of the defendant against the defendant

1. C Complaints;

1. Details of accounts used by the defendant;

1. Investigation report (the date of the oral contract and confirmation of the amount of damage which is the complaint), and investigation report (Attachment to the certified copy of a corporate register related to the place of use of the damage);

1. Previous convictions: Criminal history records, previous convictions, results of confirmation of dispositions, investigation reports (suspects' previous convictions and attachment of judgments), court rulings bound in public trial records, and general contents of cases;

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