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(영문) 부산지방법원 2015.05.12 2014고단10379
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On July 27, 2007, the Defendant was sentenced to one year of imprisonment for a crime of fraud at the Busan District Court on February 21, 2008, and the execution of the above sentence was terminated. On November 30, 2010, the Busan District Court sentenced eight months of imprisonment for a crime of fraud at the Busan District Court on September 6, 201, which became final and conclusive on September 6, 201, and on May 3, 201, the Defendant was sentenced to four years of imprisonment for a crime of fraud at the Busan District Court on June 26, 2012.

Around November 12, 2009, the Defendant stated that “The Defendant would supply the two shares to the so-called Smarket and make settlement of the two shares to the face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-face-to-face-face-to-face

However, at the time, the Defendant had no intention or ability to pay the amount normally even if the Defendant was supplied by the injured party with both the obligation to borrow the amount from the bank and the branch and the obligation to pay the amount for goods to other trading companies.

The Defendant was delivered from November 12, 2009 to November 17, 2009 an amount equivalent to KRW 20,754,553 per share by the victim.

Accordingly, the defendant was given property from the victim by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A copy of a protocol of suspect examination of the police against F;

1. Details of attempted tax invoices, a list of total tax invoices by customer, a business registration certificate, a full certificate of registered matters, a business registration certificate, a copy of a business transaction card, a certificate of supply of goods, a copy of a certificate of payment guarantee (Korean Small Merchants Association Finance), a copy of the certificate of payment guarantee;

1. Previous convictions in judgment: Application of criminal records, investigation reports (including attachment reports, such as written judgments, Nos. 17, 18, and 19), investigation reports (including attachment of previous and copy of written judgments, No. 22 through 26);

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. The confession, degree of damage, and the reason for sentencing in the latter part of Article 37 of the Criminal Code and Article 39(1) of the Criminal Code.

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