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(영문) 청주지방법원 충주지원 2018.01.19 2017고단914
사기
Text

A defendant shall be punished by imprisonment for six months.

However, 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

[criminal records] On June 24, 2016, the Defendant was sentenced to 8 months of imprisonment with prison labor and 2 years of suspended execution due to fraud, etc. in the Cheongju District Court’s Chungcheong District Court’s Assistance, and the judgment became final and conclusive on July 2, 2016.

[2] The Defendant is a person who operated a kimchi manufacturing company in the “D” Kimchi factory in the 2015 Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, 2015, with the trade name of “E,” and the victim F is a person who operated a kimchi manufacturing company in the name of “G”.

Around August 2, 2015, the Defendant entered into a verbal contract with the victim, “The victim is supplied with molds powder from the victim, and the first one is treated on credit, and the second one is treated on credit, and the amount supplied immediately before is repaid.”

However, the defendant did not have the intention or ability to pay the price normally even if he is supplied with the red paper powder directly from the damaged person or to his customer.

Nevertheless, the Defendant deceptioned the victim as above, and received the above “D” factory from the victim on August 3, 2015, and received 6,760,000 won as the above “D” factory. Around that time, the Defendant received a total of KRW 71,315,00 from around 13 times to June 2016, such as the list of crimes in the attached Table, and did not pay the price, thereby taking the pecuniary benefits of a considerable amount of money.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A complaint filed by the F and a correction complaint filed by the F;

1. A written statement;

1. Each electronic account statement and transaction statement (F G);

1. Each letter of payment for goods A (as of December 21, 2015 and as of February 13, 2017).

1. Business registration certificate (G and E);

1. A standard contract for pre-sale transactions of agricultural products, a standard contract for distribution of agricultural products, and a contract for sales of agricultural products;

1. A detailed statement of each deposit transaction (H name);

1. Request for cooperation in the investigation (all of the ledger of motor vehicle registration and the documents related to the sales contract) and the motor vehicle transaction contract and the motor vehicle registration ledger;

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