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(영문) 춘천지방법원 강릉지원 2018.01.18 2017고단1287
사기
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 26, 2016, the Defendant, at the office of the victim D in Gangnam-si C and the first floor of Gangnam-si on July 26, 2016, (i) the victim wishing to import the coffee into Gangnam-si, and (ii) the victim know well of the coffee company run by the Gu in Vietnam.

At each time of introduction, it is possible to sell to the distributor of the Republic of Korea the 3,000 salaries of Vietnam coffee 3,000.

Before tin, coffees can be imported and sold.

“False speech was made to the effect that it was “.”

However, at the time of receiving money from the injured party, the Defendant was thought to use money separately from the injured party in the Vietnam War, and there was no ability or intent to import coffee until he did not know about the coffee business and procedure well. The Defendant did not have the ability to pay money from the injured party when he did not properly proceed with the coffee business because the credit rating at the time was 9 grade and there was no particular property.

As such, the Defendant, by deceiving the victim and doing so, was at the expense of coffee import from the victim of Vietnam, at the expense of the victim’s coffee import.

7. 31. 5,000,000 won, and the same year.

8. 24. 2,545,000 won and 21,045,000 won were obtained through a three-time transaction account in the name of the accused and acquired by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each letter of undertaking;

1. Inquiries about details of the transaction of agricultural loans;

1. A detailed statement of transactions of the purchase of agricultural products;

1. Application of Acts and subordinate statutes on response to credit information;

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;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act: The circumstances favorable to the fact that one has been punished for the same kind of crime: The fact that one has divided his mistake, the victim has agreed to pay 30,000,000 won to the victim, and the defendant's age, environment, sex, motive, means and consequence of the crime, and all the factors of sentencing shown in the argument of this case, such as the circumstances after the crime, shall be considered.

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