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(영문) 의정부지방법원 고양지원 2013.07.17 2012고단1682 (1)
사기
Text

A defendant shall be punished by imprisonment for one year.

Of the facts charged in the instant case, the fraud against the victim D is acquitted.

Reasons

Punishment of the crime

The Defendant and E, F, and G (personally infinite) made a mutually beneficial distribution company of H building No. 112 in Gyeyang-gu, Gyeyang-gu, Young-gu (H building No. 112) with goods such as food, etc. supplied to the said company, and made a public offering to dispose of the goods and acquire profits therefrom.

Therefore, the defendant leased the above office of the above company, lent the name of J and K to make preparations for the operation of the above company, and made the business registration of the above company, and E will take charge of disposing of the supplied goods, and F will take charge of loading and unloading of the supplied goods, and G will take charge of ordering goods.

Thus, the defendant, E, F, and G showed the attitude that they would make a normal payment to the victim L on October 30, 2012, around the 20th day of each month, and they were supplied by the victim with the original 4.3 million won, the original 4.3 million won, and original 95 stuffs. However, even if the goods are supplied as above, they did not have the intent or ability to pay the price.

In collusion with E, F, and G, the Defendant received property equivalent to KRW 87,109,00 in total by deceiving the victims as shown in the attached list of crimes.

Summary of Evidence

1. Each legal statement of the defendant, E, and F;

1. Some of the suspect examinations of the accused, E or F by prosecutors;

1. Each police statement of M, N, C,O, P, J, and L;

1. Each complaint filed against N, M and L;

1. Each business registration certificate, details of payment of transport expenses, goods storage contract, loan certificate, transaction agreement, and detailed statement of transaction;

1. Records of seizure and the list of seizure;

1. Each photograph;

1. Application of statutes concerning criminal records;

1. Articles 347, 347, and 30 of the Act applicable to the crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. An application for a compensation order shall be filed with the court in which the relevant criminal case continues until the closing of argument in the public trial. The application for the compensation order of this case shall be filed after the closing of argument in the public trial.

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