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(영문) 인천지방법원 2013.07.04 2013고단1417
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 of the final judgment.

Reasons

Punishment of the crime

On January 18, 2013, the Defendant was sentenced to one year of imprisonment for fraud, etc. in the Suwon District Court's Ansan Branch's Ansan Branch's imprisonment, and the above judgment is still pending (U.S. District Court 2013No685).

On April 2012, 2012, the Defendant called the victim D, operated by the victim D in the second 511 of the Seoul Special Metropolitan City, Gwangjin-gu, Seoul Special Metropolitan City, to the E office, and provided the victim with a false statement that “I will pay the price of kimchi that I would necessarily be paid to the victim, who would reduce the payment with a 50-day bill of exchange.”

However, in fact, the number of units on the date on which the defendant was to deliver to the victim was unclear, and even if he was supplied with kimchi by the victim, he did not have the intention or ability to pay the price.

Nevertheless, the Defendant was supplied with kimchi equivalent to 38,200,000 won at the market price at G office located in the Incheon Cheongjin-gun, Incheon, from April 10, 2012 to June 22, 2012.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Kimchi supply contract, current number of shares, promissory notes, and detailed statement of transactions;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Articles of the Criminal Act concerning the facts constituting the crime: Article 347 (1) of the Criminal Act;

1. Suspension of execution: It is so decided as per Disposition on the grounds of not less than Article 62(1) of the Criminal Act (the fact that the defendant acknowledges the facts charged and reflects the depth of the charges, the fact that the defendant agreed with the victim, the criminal records, circumstances of the crime, and the family members

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