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(영문) 인천지방법원 부천지원 2014.02.19 2013고단3318
사기
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A defendant shall be punished by imprisonment for not less than eight months.

However, 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

On October 2012, the Defendant made a false statement to the victim B to import and supply the imported teaching equipment for young children to the victim B at a restaurant in which it is impossible to identify the name near the Seoyang-gu Incheon Metropolitan City, Seoyang-gu.

However, at the time, the Defendant did not have any intent or ability to import teaching tools for young children, as he did not have any particular property or income, even if he did not receive any funds from the victim, even though he did not have any specific property or income, and thus, he did not have any intent or ability to import teaching tools for young children.

As above, the Defendant, by deceiving the victim, received KRW 24,839,00 from the victim’s bank account under C (D) on November 8, 2012, KRW 4,839,00, KRW 4,680,00 on January 25, 2013, KRW 19,563,40 on February 19, 2013, KRW 24,813,255 on four occasions, including KRW 5,730,825 on March 28, 2013, and KRW 5,730,825.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes concerning specification of transactions;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment (generally, choice of imprisonment);

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the injured party does not want the punishment against the accused, and the fact that the accused is the first offender, etc.);

1. Articles 25 (1), 31 (1) and (2) of the Act on Special Cases concerning Expedition, etc. of Lawsuit for Compensation Orders;

1. Article 31 (3) of the Act on Special Cases concerning Expedition, etc. of Provisional Execution;

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