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(영문) 부산지방법원 2016.08.25 2015고단7779
사기
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.

Reasons

Punishment of the crime

Defendant

A On September 30, 2014, the Seoul Southern District Court sentenced the suspension of the execution of the imprisonment of 8 months for fraud, which became final and conclusive on October 8, 2014.

The Defendants, around April 30, 2014, issued a false statement to the effect that, “E” in the Gangseo-gu Busan Metropolitan City “E”, the victim F, who was found to be a customer capable of continuous trading of fishery products, “I would have to deliver to theG, make a continuous transaction.” and “I would be able to pay the price without molding for the delivery of rats” from May 30, 2014 to July 4, 2014.

However, at the time, the Defendants did not supply the fishery products to G, and the Defendants failed to secure sufficient business funds despite the fact that they did not supply the risk, such as customs clearance procedures, in the business that imports the rats from China, the Defendants planned to expand the above business. The necessary business expenses were planned to cover the sales price of the rats and spawn spawn swn swn swn swn swn swn swn swn swn that were delivered by the injured party

As above, the Defendants conspired to induce the victim and received a delivery of freezing 91,103,00 won in total from the injured party.

Summary of Evidence

1. Defendant A’s legal statement

1. The defendant B's partial statement

1. Each police statement made to H, F, and I;

1. A complaint;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to a copy of the judgment);

1. Relevant provisions of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the selection of criminal facts;

1. Defendant A who handles concurrent crimes: The latter part of Article 37 of the Criminal Act: Provided, That most of the instant frauds are not recovered for the reason of sentencing Article 39(1) of the Criminal Act, and Defendant A is several times of the same crime.

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