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(영문) 수원지방법원 안산지원 2016.11.29 2016고단1686
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is a de facto operator of the “D” that is engaged in gold-type and office business manufacturing business in Masung City.

Even if the defendant requested a monetary punishment, etc. to the victims and delivered it, he/she did not have any intention or ability to pay the amount because he/she has a debt equivalent to 62 million won as a person of bad credit standing at the time.

1. On July 30, 2014, the Defendant, at the place of business where the Defendant’s operation was the Defendant’s management, made a false statement to the victim F, who operates the Black retail chain “E”, to the effect that “to supply black materials to H and to pay the price for the main goods by issuing a tax invoice and issuing a tax invoice.” The Defendant acquired the victim’s pecuniary benefits equivalent to the same amount by allowing the victim to supply the goods worth KRW 2,265,390 for four times from August 30, 2014 to November 29 of the same year.

2. On August 2014, the Defendant made a false statement to the victim J. (a) who operates the gold-type manufacturing business chain “I” at the above business office of the Defendant’s operation to the effect that the Defendant would supply the goods to the victim J and pay the goods after three months. Accordingly, the Defendant received from the victim the goods equivalent to KRW 8,030,000 from the victim and acquired the pecuniary benefits of the said amount by taking the delivery of the goods of KRW 8,030,000.

3. On September 1, 2014, the Defendant made a false statement to the victim G who operates the “H” of a gold scalculic process company at a closed place where the Defendant was a patrolman, and made a false statement to the effect that the Defendant would deliver the gold scalculic process to the scalculic process and deliver the goods for three (3) months, and then, he received a total sum of five (9,330,750 won from the victim from December 12 to December 31 of the same year, thereby obtaining pecuniary gains equivalent to the said amount.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to G, F, and J;

1. Application of the Acts and subordinate statutes to the complaint;

1. Criminal facts;

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