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(영문) 서울동부지방법원 2019.09.23 2019고단1350
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On February 3, 2016, the Defendant was sentenced to two months of imprisonment and one year and two months of imprisonment at the Suwon District Court for fraud, and the judgment became final and conclusive on February 23, 2016.

On August 8, 2010, the Defendant made a false statement that “The Defendant would make kimchi in a kimchi factory operated within the country and deliver it to D, so it would make settlement in cash on the six day following the 6th day of delivery of distribution to D for five days. As the Defendant entered a distribution to D within one year, the Defendant made a false statement that it is possible to grant legal principles and regulations on the law of law and regulations.”

However, in fact, the defendant thought that he was E and F with the above worship, and did not think that he was to make kimchi in G Kimchi factory operated by his dependent, and there was no idea that he was supplied to D by creating kimchi. There was no particular property and there was no intention or ability to make settlement in cash in the sixth day as he was promised by the victim because there was not less than KRW 100 million of the debt incurred while operating the above G Kimchi factory.

As such, the Defendant, as described in the separate crime list from August 6, 2010 to March 13, 201, received a delivery of a total of 141,285,600 won of the market price from the victim by deceiving the victim as above, from August 6, 2010 to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by the prosecution (including the C substitute part);

1. Investigation report (Submission of the front list, etc.);

1. Previous records of judgment: Application of criminal records, inquiry reports, and investigation reports (the records of latter concurrent crimes Article 37 of the Criminal Act)-related Acts and subordinate statutes;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Consideration of the previous crimes of fraud and concurrent crimes in the latter part of Articles 37 and 39(1) of the Criminal Code dealing with concurrent crimes, and the relationship between the latter part of Article 37 of the Criminal Code and the concurrent crimes, as stated in the reasoning of sentencing

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