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(영문) 수원지방법원 성남지원 2018.10.10 2018고단1163
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On May 2017, the Defendant came to know the victim B who had engaged in agricultural product distribution business in the Nam-gun, Namnam-gun with introduction of the branch in the construction site in Gwangju Metropolitan City, and discovered the name of the victim immediately in the Dakchi Factory in the Dakdong-gun, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do, and tried to take advantage of the fact that the injured party has a sense of identification against the defendant, thereby taking advantage of the fact that the injured party had access to the victim to the distribution of agricultural products from the damaged party, thereby taking the victim into account agricultural products distribution.

On June 2017, the Defendant made a false statement to the victim that “The Defendant would pay in cash the total amount of 3.4 billion won within a week at the latest, because he/she acquired and operated the G Bank Branch of the G Bank in Seoul F through the G Bank Branch, which is located in Seoul.”

However, the defendant did not have taken over the above kimchi factory, and was unaware of the head of G bank branch, and did not have been experienced in distribution today, and there was no experience in paying the price at the time of the instant case. Therefore, even if he received an increase from the injured party, there was no intention or ability to pay the price.

Around June 23, 2017, the Defendant: (a) obtained the delivery of 12 tons each of the 63,895,000 tons of the market price from the low temperature warehouse of agricultural products located in Gangnam-gun, Jinjin-gun, Namjin-gun around June 23, 201, from the victim, by deceiving the victim as above; and (b)

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to B, I, and J;

1. A criminal investigation report (K telephone conversations for witnesses), a text message, and a record of each recording;

1. One copy, including a detailed statement of transactions, and a criminal investigation report (to refer to telephone conversations from a witness and the submission of related data);

1. Application of Acts and subordinate statutes to detailed statements of settlement of accounts and investigation reports (Submission of additional data by reference J);

1. Grounds for sentencing under Article 347 (1) of the Criminal Act in relation to the relevant criminal facts and the choice of punishment;

1. The scope of punishment recommended according to the sentencing criteria;

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