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(영문) 서울동부지방법원 2017.09.06 2017고단1233
사기
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On September 21, 2016, the Defendant was sentenced to two years of imprisonment with labor for a violation of the Automobile Management Act at the Seoul Eastern District Court on September 21, 2016, and the judgment became final and conclusive on September 29, 2016.

In fact, even if the Defendant received money from the victim C as the price for the supply of copper tin containing gold and silver, the Defendant did not have any intent to supply high-quality copper tin by the due date as promised.

On February 6, 2015, the Defendant: “On February 28, 2015, the Defendant cleareded the victim C through customs clearance of gold and 48 tons of the e-mail mine located in Yeongdeungpo-gu Seoul Metropolitan Government D from Busan Port until February 28, 2015; and then, the Defendant acquired money KRW 20,000,000 from the damaged person as down payment.”

Summary of Evidence

1. Each testimony of C or F;

1. A supply contract;

1. Application of Acts and subordinate statutes to inquire about criminal history;

1. Provisions of Article 347 (1) of the Criminal Act (Options of imprisonment);

1. After Article 37 of the Criminal Act, Article 39 (1) shall apply to concurrent crimes;

1. The Defendant asserts that the judgment on the Defendant’s assertion under Article 62(1) of the Criminal Act is as follows.

The victims entered into a Guide Mari-top supply contract with the victim and agreed to be a clerical error in writing in the amount of 48 tons of Guide Mari-top 48 tons by February 28, 2015.

In such a manner, the defendant and the luminous business have been operated in the territory of the Republic of Korea

On February 15, 2015, F, at the request of the defendant, was carrying 22 tons, which is a part of the first tea around February 15, 2015, and there was an accident of being demoted in the local area.

In other words, it has been brought into Korea around May 2015 by seeking 22 tons of light stone.

In this process, the victims did not extract useful ingredients due to the lack of light capacity in G.

The victim refused the receipt of the imported luminous stone on the ground that it is not in the form of alute (in diameter of 15 to 20 meters, hereinafter referred to as “tephe”) desired by the victim, but in the form of tephe (hereinafter referred to as “tephe”).

The testimony of F is the testimony of F even if the testimony of F is believed in full.

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