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(영문) 서울동부지방법원 2019.05.31 2019고단405
사기
Text

A defendant shall be punished by imprisonment for six months.

except that 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

On January 26, 2018, the Defendant called the victim B by phoneing to the victim B, saying, “The products are the products that have been regularly imported in C to sell a half-slow slow sprink sprink sprink spak. The employees of C will be supplied, and C will be confirmed to have C spak spaked. On the other hand, C spak will be removed and will be sold to 41,400 won per turn on an emergency warning.” On the 31st of the same month, the Defendant sent the victim at around the D warehouse near the Gyeonggi-si, “current C spak is already removed, and if there is a problem in goods, it would return all the goods and transportation expenses.”

However, in fact, the Defendant, not C, acquired goods from a Chinese company, and had already been subject to a transfer contract with a Chinese company prior to the transaction with the victim, but did not have been subject to a clear confirmation on the distribution channel. As such, the Defendant did not have any intention or ability to sell a good reflect, even if receiving the payment for the goods from the victim, since it did not have a clear confirmation on the distribution channel.

Nevertheless, the Defendant, by deceiving the victim as above, paid in cash 24,840,000 won under the name of the purchase price for a half of the same day, for a sale price of 600 knives

2.1.Around January 2, 200, a sum of KRW 24,60,000 in cash for the purchase price of 595 metrifies and 49,440,000 in cash.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by the prosecution (including interrogation and statement B);

1. Each police statement made to F, B, and G;

1. Each investigation report (Nos. 4, 6, 10 in order);

1. Written consent for appraisal and replys to the results of request for appraisal;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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