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(영문) 인천지방법원 부천지원 2016.06.16 2015고단1087
사기
Text

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

An applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

In the event of injury to the People's Republic of China, the Defendant is required to exhibit agricultural products to be displayed at the events administered by G companies operated by F, a woman of the Defendant, in the event of injury to the People's Republic of China. Even if the Defendant received agricultural products from the injured party, it is necessary to pay the price to the said E offices on February 2014, and the Defendant would not have the ability to pay the price to the injured party C, who supplied the said food in the above E office, by posting a telephone to the victim C, who was in charge of the above E, with the intention to hold the Korea Food EXPO in the injury to which he works in the Republic of China, and would not have it possible to participate in the event by preparing and publicizing the excellent products of the Republic of Korea Food EXPO, with good public relations.

The supply price of agricultural products, “The payment in cash is to be made after the event is completed.” From March 6, 2014 to March 12, 2014, it received from the injured party the amount of money equivalent to KRW 36,508,400 from the market price, such as the son’s car and the ridge, as stated in the daily list of crimes, from March 6, 2014.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Details of supply of goods, details of sales prices of goods, detailed statement of acceptance of export declaration, details of supply of goods, application of Acts and subordinate statutes on site photographs;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

2. Reasons for sentencing of Article 32(1)3 and (2) and Article 25(3)3 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings (the scope of liability for compensation is not clear and thus it is not reasonable to issue an order for compensation in the criminal proceedings) [the scope of recommended punishment] of the basic area (from June to one year and six months) of type 1 (the scope of punishment is less than KRW 100 million) [the decision of sentencing] of the defendant [the decision of sentencing] of the basic area (from June to one year and six months] of type 1 (the decision of sentencing] of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, although the amount of damage exceeds KRW 30 million, the victim strongly applied for the punishment of the defendant, the defendant was not present at the trial.

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