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(영문) 부산지방법원 2019.02.19 2018고단4431
사기
Text

[Defendant A] The Defendant is not guilty (Defendant B). The Defendant shall be punished by imprisonment for eight months.

except that this judgment.

Reasons

Punishment of the crime

Defendant

B On February 6, 2013, the Seoul Northern District Court was sentenced to 8 months of imprisonment for fraud and 2 years of suspended execution in the Seoul Northern District Court, which became final and conclusive on February 14, 2013.

Defendant

B around June 19, 2012, after phone called to the victim E, the representative of D Co., Ltd., Ltd., running a shot wholesale retail in Ycheon-si, Gyeonggi-si, and made a false statement to the effect that “When sending shot 1 container 1,98 boxes, she will make a payment immediately after receiving shot shot shot shot shot shot shot shot shot shot shot shot shot,” and that the victim issued one container of 43,956,000 won at the market price to the Defendant from G operated by the Defendant A located in Yyangsan-si on the following day on June 20, 2012.

However, in fact, at the time of 2012, Defendant B had an obligation of KRW 150 million or more, and there was no intention or ability to settle the above carbon price.

Defendant

B, as above, the victim acquired 43,956,00 won or more of the market price from the victim.

Summary of Evidence

1. Defendant B’s legal statement

1. Part concerning the E-examination of the suspect against the defendant B in the protocol of suspect examination;

1. Statement of each police statement of E;

1. Report of investigation (report on the execution of a warrant of seizure);

1. Previous convictions indicated in the judgment: Application of Acts and subordinate statutes, such as a report on the result of disposition and confirmation (Attachment to the judgment);

1. Article 347 (2) of the Criminal Act applicable to the crime, the choice of punishment, and the choice of imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act of the community service order: The value of the stolen property is not much significant and the victim's mental suffering seems to have occurred during several years before the judgment was given immediately before the crime of this case was committed: it is contrary to the favorable circumstances. The victim's age, character and behavior, environment, motive, means and result of the crime, and all of the conditions for sentencing, such as the defendant's age, character and conduct, motive, means and

1. Defendant A

A. The summary of the facts charged is as follows: (a) around June 19, 2012, Defendant B is in Echeon-si, Gyeonggi-si.

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