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(영문) 인천지방법원 2014.03.19 2013고단5750
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant, from November 1, 1991 to June 2009, operated a restaurant in Incheon Gyeyang-gu, from July 1, 2009 to November 26, 201, with the trade name of "E" on the second floor of the building D in Incheon Gyeyang-gu, Incheon, from around July 1, 2009 to around November 26, 201, was supplied with a fireworks from the victim F.

around 202, the Defendant failed to make an investment in the construction of officetels and paid approximately KRW 220,00,000 only for the loan obligations of financial rights, and approximately KRW 15,00,000 for each month, including monthly rent of restaurant, personnel expenses, public charges, loan interest, etc., but the restaurant sales did not reach that.

On January 3, 2007, the Defendant made a false statement to the victim that “I would pay the price in cash as soon as I would deliver the fireworks to the victim if I would deliver the fireworks.”

However, the fact is that the defendant is under financial difficulties as above, and even if he is supplied with fireworks from the victim, he did not have the ability to pay the above price, such as by reaching KRW 58,780,000, which was not paid to the victim as of the end of 2006.

As such, the Defendant, from November 17, 201 to November 17, 201, by deceiving the victim as such, received a total of KRW 413,640,000 from the victim to the victim, through supply of the said KRW 557 times in total, as shown in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Investigation reports (report on revisions to details of transactions, 2012);

1. Application of the Act and subordinate statutes governing the details of G transactions in 2004, the details of G transactions in 2005, the details of G transactions in 2006, the documents of G transactions in 2007, the documents of G transactions in 2008, the documents of G transactions in 2009, the documents of G transactions in 2010, the documents of G transactions in 2011, and the documents of G transactions in 2012;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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