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(영문) 서울중앙지방법원 2016.06.10 2015고단1386
사기
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, upon the request of the general secretary, entrusted the head of the E general secretary distribution business group around January 2014. However, the E general secretary distribution business team only limited to the extent of supplying Buddhist goods, such as tobacco, etc. necessary for the inspection, and it did not perform food supply business for a period of up to 20 years after creation. In fact, in order to supply food to an individual inspection, it was not a general secretary, but a separate agreement was entered into for each inspection, but there was no agreement for each inspection. The Defendant did not have any intent or ability to cause the Defendant to supply food materials even if he received the deposits for the services of supplying food materials under the E general inspection as well as the business expenses for the promotion of the food supply business at the time of 2014.

Nevertheless, the Defendant, on March 26, 2014, included the victim FF farming association representative G in the Gangnam-gu Seoul Metropolitan Government, “If the Defendant is the representative of the E E Distribution Business Association under the General Affairs of the Republic of Korea, and if the deposit is in advance, he/she would give him/her the right to supply food materials to more than 700 boxes of E-, then the Defendant would be 10 million won as the security deposit from the victim who believed it.”

4.2. Around 40 million won, a sum of KRW 50 million was obtained through the issuance of 2 times, including around 40 million, and shall be obtained through fraud.

Summary of Evidence

1. Entry of the defendant in part in the first and second public trial records;

1. Legal statement of witness G;

1. Statement made by the witness H in the second public trial record;

1. A protocol concerning the examination of partially the accused by the prosecution;

1. Statement made by the police with H;

1. The filing of a complaint, a contract for food supply, inquiry of the results of transfer management, and application of the Acts and subordinate statutes requiring confirmation;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] is the victim in a case where the mitigation area (one month to one year) (a person with a special mitigation) is mitigated (one month to one year), or where considerable damage was recovered (a decision of sentence].

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