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(영문) 인천지방법원 2013.04.18 2012고단2301
사기
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A defendant shall be punished by imprisonment for not less than three years and six months.

Reasons

Punishment of the crime

[criminal power] On May 20, 2005, the defendant was sentenced to imprisonment with prison labor for 10 months and 2 years of suspended execution at the Busan District Court, and the judgment became final and conclusive on the 28th of the same month.

【Criminal Facts】

The Defendant established a company B, C, D, and Gyeyang-gu Incheon E-building 303, a corporation with no entity of No. 303, and added an office to the office, and, by deceiving others without intent or ability to pay the price, and by selling the goods such as computer peripheral devices, and decided to have the sales proceeds carried out by selling the goods in its prompt name. The Defendant, who is in the office of the above company, shall exercise overall control over the business, and C, C, and D, by Internet search, shall act as the representative director of the above company to dispose of the goods supplied by proposing the transaction and to enter into a contract with the supplier, respectively.

Around February 14, 2004, the Defendant conspired with B, C, and D to the effect that “The Defendant would pay 30% of the down payment at the time of supplying goods to the victim G who operated the computer sales agency at the same F office and transfer the goods to the account after the month in which the balance is paid in cash,” and it was acquired from the victim the goods at the I Logistics Center located in Seo-gu Incheon, Incheon from February 18, 2004 to April 23, 2004 at the I Logistics Center and from May 7, 2004, the Defendant acquired from the victim G et al. the goods equivalent to the sum of KRW 163,223,00 in total at the market price of KRW 163,276,00 from the victim G et al. over 13 times from May 7, 2004.

Summary of Evidence

1. Examination protocol of the accused by prosecution;

1. Each prosecutor's interrogation protocol concerning C and B;

1. Copy of the suspect examination protocol concerning B by the prosecution;

1. The prosecutor's statement concerning B;

1. Copy of the protocol of examination of the witness to J;

1. Each police statement made to K, L, M, N, andO (including the G statement made to K in the police statement made to K);

1. J.

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