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(영문) 광주지방법원 2021.01.14 2020고단3076
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

The defendant pays 139,559,000 won to the applicant through fraud.

Reasons

Punishment of the crime

[criminal records] On April 17, 2020, the Defendant was sentenced to imprisonment of two years and six months for fraud and fine of three million won at the Gwangju District Court on July 10, 202, and the judgment became final and conclusive on July 10, 2020.

[ criminal facts] The Defendant is a person who operates a limited company D with limited liability, and the victim B is a person who operates the "F" of a dry water distributor E at the time of leisure.

On July 2019, the Defendant would like to engage in a transaction with the victim at the F’s business site “F”.

If the inner text of the article is delivered by the telephone to the cargo vehicle, the price of the article will be settled at intervals of every 5th day and 20th day of each month.

The phrase “ makes a false statement.”

However, in fact, the Defendant did not have any intent or ability to pay the amount to the victim because he did not have any intent or ability to pay the amount to the victim, because the Defendant was able to demand the payment of the amount accumulated by the enemy, and only part of the amount received from the injured party was paid to the victim by paying the accumulated amount.

As such, the Defendant: (a) by deceiving the victim; (b) received from the victim, approximately KRW 7,880,00 of the market price of around July 25, 2019 from the victim; (c) received KRW 807 boxes of approximately KRW 7,80,00 from the victim; and (d) received 42 times a total of KRW 548,559,000 from October 29, 201 as the content of the “Crimes List” in the attached Table, and thereby acquired property equivalent to the same amount by defrauding the victim to pay KRW 139,59,000, out of the proceeds.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Business registration certificate, a detailed statement of account transactions, a detailed statement of accounts sales revenue in the year 2019, and a detailed statement of transactions;

1. Criminal history in the report of investigation (to listen to statements by a reference witness): A statement of inquiry about criminal history, inquiry about case summary information, and application of statutes of one court decision;

1. Article 347 of the Criminal Act applicable to the crime and the choice of punishment.

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