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(영문) 수원지방법원 2013.09.04 2013고단3020
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant was the representative of C Co., Ltd. established for the purpose of computer wholesale and retail business.

Around April 1, 2011, the Defendant stated that the F Office of the F Office of the Victim E operated by Yongsan-gu Seoul, Yongsan-gu, Seoul, that “the Defendant shall deliver the victim to the customer, such as G and H, and shall pay the price at the end of the following month when supplying goods, such as computer parts, to the victim.”

However, the defendant did not have an intention or ability to pay the price properly even if he received goods from the victim, because he had an individual obligation in KRW 50,000,000, and he had a number of credit cards used to return the price of other companies.

The Defendant provided the victim with the aforementioned false-end computer parts worth KRW 870,000,000 from the victim, and received from June 15, 201, a total of KRW 511,00 of the peripheral devices related to computers, and goods worth KRW 30,424,229, in total, from the market price.

Accordingly, the defendant deceivings the victim to take the property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by the prosecution (including the statement of the E);

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to each financial transaction, each electronic tax invoice, investigation report (investigation of telephone conversations for a witness), investigation report (Investigation of a party to the I company for a witness), investigation report (Investigation of a party to the K phone of the J company), investigation report (investigation of a party to the K phone of the J company), criminal investigation report (Attachment to a provisional seizure decision, etc. on claims), criminal investigation report (Attachment to the full certificate

1. In light of the fact that the property acquired by deception of the reason for sentencing under Article 347(1) of the Criminal Act, including the pertinent provision of the relevant criminal facts and the choice of punishment, is a large amount of money equal to 30 million won, and that the victim did not make efforts to recover damage, thereby seeking punishment against the defendant, a strict punishment against the defendant is required.

However, the defendant is suspended from execution.

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