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(영문) 인천지방법원 부천지원 2016.06.01 2016고단821
사기
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On July 17, 2015, the Defendant sent F, the Defendant, at E plant operated by the victim D in Sinsi-si, Sinsi-si on July 17, 2015, to the Republic of Korea, the Defendant, “In the future, it is necessary to engage in the sales business of the future, and collect new launchs from the Republic of Korea

different types.

1kg of delivery to KRW 1,990 per page, the face value shall be paid in advance, and the remainder shall be paid after the container is received.

The phrase “ makes a false statement.”

However, in fact, when the Defendant previously traded similar to the victim and the unpaid amount exceeds KRW 100 million and is unable to engage in the transaction with the victim, the Defendant did not have the intention or ability to pay the amount even if he received a heavy and new conviction from the victim, who attempted to deliver the victim's heavy and new convictions through F.

On August 25, 2015, the Defendant paid only KRW 10,000,000 to the victim on or around August 25, 2015, and received the difference of KRW 16,134,50 from the victim on or around September 5, 2015 by taking over one of the mid-term and high-speed container equivalent to the market price of KRW 26,134,50, and acquired the difference of KRW 16,134,50.

Accordingly, the defendant acquired financial benefits by deceiving the victim.

Summary of Evidence

1. The defendant's legal statement (as at the second date);

1. Application of the Acts and subordinate statutes in which statements made by the police in D are recorded;

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 suspended sentence under Article 62(1) of the Criminal Act [the scope of the recommended sentence] general fraud [Article 62(1) of the Act on the Suspension of Execution] (Article 62(1) of the Act on the Suspension of Execution [Article 62(1) of the Criminal Procedure] (Article 1-1 of the Act on the Punishment of Specific Fraud] (Article 1-1 of the Act on the Punishment of Specific Fraud] In the mitigated area (Article 1-1 of the Act on the Punishment of Specific Contributors] (Article 1-1 of the Act on the Punishment of Specific Contributors], the decision on the sentence is likely to have been made by the defendant, which

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