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(영문) 광주지방법원 순천지원 2018.09.13 2017고단2344
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On June 26, 2013, the Defendant was sentenced to two years of imprisonment for fraud at the Gwangju District Court. On May 29, 2014, the Defendant was sentenced to four months of imprisonment for fraud in the Gwangju District Court’s net support, and completed the execution of each of the above punishment on November 15, 2015.

The defendant is a person who operates meat sales business under the trade name of "D" in netcheon City C, and the victim E is a person who operates livestock products trade business under the name of "G" in the name of "G" in the Yeongdeungpo-gu, Young-gu, Seoul.

On April 27, 2016, the Defendant stated that “The Defendant supplied the victim with the meat, such as freezing scambling, etc., immediately after the supply of the frying scam, so the Defendant would immediately pay the price.”

However, in fact, the Defendant had failed to pay approximately KRW 80 million at the time, so it was difficult to economically and economically, and the sale price of the meat that was newly supplied by the injured party is considered to be urgently used to pay KRW 65 million to H, which is another transaction partner, and thus, the Defendant did not have any intent or ability to pay the price even if having received the meat from the injured party.

Nevertheless, the Defendant, as seen above, by deceiving the victim, received a letter of land equivalent to KRW 51,337,848 on April 27, 2016 from the victim, and acquired it by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E, I and J;

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

1. Investigation report (to be attached to the transaction account books with H-D department submitted by the principal), investigation report (to be attached to the witness I telephone communications);

1. The head of each business partner, each transaction statement, each written confirmation of details of transactions in and out of deposits, and each tax invoice;

1. Previous convictions in the judgment: In full view of all the above evidence and the following circumstances acknowledged by the inquiry letter, investigation report (verification of the period of repeated crime of a suspect) as to the criminal intent, it is possible to recognize the criminal intent of acquiring the criminal defendant at the time of the act recorded in the facts charged of this case.

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