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(영문) 인천지방법원 2015.06.17 2014고단8569
사기
Text

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

(A)The defendant is a person who has operated theC.

On April 30, 2014, the Defendant called, “The export market has been created in China. The two pages tape (name CN-4490, each 1,189,000 won) produced by Korea 3M stock companies (name CN-490, each 1,189,000 won) will be paid to the victim E by calls from its employees at the (main) office in Gyeyang-gu Incheon, Gyeyang-gu, Incheon.”

However, at the time, the above C not only bears the obligation of approximately KRW 1.8 billion but also did not pay monthly pay to its employees, and the Defendant also bears the obligation of KRW 500 million, so even if he is supplied with double-face tapes from the victim, he did not have any intention or ability to pay the price of the goods until June 30, 2014.

On May 9, 2014, the Defendant: (a) by deceiving the victim; (b) was supplied by the victim with an amount equivalent to 50,9450,000 won at the market price of 50,000 won at the above two face tapes (name CN-4490); and (c) was supplied at the same price of 50,000 won at the 50 face tapes around the fifteenth day of the same month.

Accordingly, the Defendant acquired 100,000,000 won from the victim by acquiring the 100,000 won market value from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

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

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

1. Reasons for sentencing under Article 62(1) of the Criminal Code of the Suspension of Execution [Scope of Recommendation] General Fraud (at least KRW 100 million, less than KRW 500 million), reduction area (at least six months to two years), reduction area (at least six months to six months of imprisonment), reduction of punishment, or recovery from damage to a considerable part (where a person is specially mitigated), the case where the degree of deception is weak [decision of sentence] the defendant is divided into and against his own crime in depth, the damage is completely recovered, the degree of deception is weak, the degree of deception is weak, the fact that there is no criminal record other than a minor fine, the defendant's age, family relationship, and other matters.

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