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(영문) 제주지방법원 2016.01.20 2014고단1493
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On July 26, 2013, the Defendant would give 680 won per 1kg of ship to the victim E in a D warehouse located in the Gyeongbuk-gun, Chungcheongnam-do.

Sale of 10 vehicles or 11 vehicles for 5 tons of worships during August, 201. If so, the price will be paid at a time on August 2013.

“A false representation was made.”

However, in fact, the Defendant had a debt of approximately KRW 300 million, and thus there was no intention or ability to pay for the drilling even if he/she was presumed to have been charged by the injured party.

The defendant shall have jurisdiction over the same damage from the injured party.

7. The same year from around 29.

8. Until May 1, 200, a total of 54,788,500 g was issued by the market value of 84,300 g.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the accused by the prosecution (including the E statement part);

1. Statement made by the police for E;

1. A copy of the F's certificate and a copy of measurement certificate; and

1. Details of purchase;

1. Application of Acts and subordinate statutes to an investigation report (report on confirmation of the amount unpaid fromG);

1. Relevant legal provisions and the choice of a sentence for a crime: The reason for sentencing a sentence of imprisonment (within the scope of the recommended sentence guidelines) under Article 347(1) of the Criminal Act; the general fraud 1 type; the basic area: June -1: the circumstances favorable for June 8, 201: G where the Defendant processed the distribution of the distribution granted by the injured party and created the distribution trend in favor of June: the Defendant was unable to receive the amount of KRW 3,200-3 and 5 million out of the amount of KRW 50 million (see, e.g., evidence 77 pages); partial repayment (see, e., evidence 5 million won; evidence 97 pages): In light of the same criminal record (i) the suspension of execution in June of imprisonment with prison labor at the Busan District Court on January 16, 2012; and (ii) the suspension of execution of sentence of KRW 100,000,000, Busan District Court on October 8, 2013).

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