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(영문) 수원지방법원 성남지원 2018.03.21 2017고단515
사기
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Punishment of the crime

[Criminal record] On August 25, 2015, the Defendant was sentenced to a suspended sentence of two years in the period of imprisonment for fraud in the Changwon District Court’s territorial branch on August 25, 2015 and the judgment became final and conclusive on September 2, 2016.

[2] On October 8, 2015, the Defendant stated that “The Defendant would pay active fish prices up to October 10, 2015 if he/she supplied 1,350 km to B” to the victim D, which is operated by the Defendant in Hanam-si (Seoul) around October 8, 2015.

However, in fact, the Defendant did not have any income at the time, and it was thought that the Defendant would have been able to pay the outstanding amount to the customer even if he was supplied to the victim as the victim because of the lack of economic circumstances, such as the personal damage and the amount of KRW 200 million.

The defendant was supplied with 1,350 km equivalent to the market price of KRW 17,550,000 from the injured party, but did not pay the price.

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

around February 12, 2015, the Defendant “2017 Highest 844,” made a false statement to the effect that “The first priority is to take the front of the uniform, half of the total uniform value is low, and the remainder is within one week,” at the victim F’s residence in Jindo-gun E, Jindo-gun.

However, the Defendant did not have any intention or ability to pay the price, even if he received the uniform from the injured party because there was almost no income at the time, and there was no economic circumstance, such as the personal damage and the amount of KRW 300 million.

The defendant deceivings the victim as above and was delivered KRW 56,310,000 at the market price on the same day by the victim. The defendant was delivered KRW 1,380 g.

Summary of Evidence

"2017 Highest 515"

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against D;

1. Complaint;

1. Previous convictions: Investigative inquiries about criminal history and investigation reports (the same criminal records) (the same criminal records), "2017 Highest 844;

1. A protocol concerning the examination of each police officer against the defendant or G;

1. Statement made by the police with regard to F;

1. A complaint;

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