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(영문) 수원지방법원 안산지원 2017.12.13 2017고단108
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment 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 is a person who operates an agricultural product processing company under the trade name of “D.”

Around March 2014, the Defendant entered into a contract with the victim to receive the livelihood, etc. from the “G store” of the victim F’s operation in Songpa-gu Seoul E market.

After that, on April 13, 2016, the Defendant called the victim at the place of a fire on April 13, 2016 and supplied the 15 boxes of credit. The Defendant would pay 1.5 million won on the 30th day of this month upon the supply of the goods.

“False speech was made to the effect that it was “.”

However, in fact, even if the defendant was paid due to a large amount of defective amounts receivable from the customer and was supplied to the customer, he/she had no choice but to use the settlement amount that he/she received from the customer as the expenses for the operation of the business operated by the defendant. Therefore, even if he/she received the credit from the injured party, he/she did not have an intention or ability to pay the settlement amount normally.

As such, the Defendant, by deceiving the victim, received 15 gamblings equivalent to KRW 1,500,000 from the victim on the same day from the victim, and subsequently acquired 39,263,00 won through 20 times from the time to June 20, 2016, as shown in the list of crimes in the attached crime list, and acquired bal distribution, including 39,263,00 won.

Summary of Evidence

1. The defendant's statement at the third public trial date in court;

1. F statement made to the defendant in the protocol of interrogation of the suspect against the defendant;

1. Application of the Schedule to the Statement of Deposit Transactions to Korean Bank and Nonghyup;

1. Relevant Article 347 of the Criminal Act and Article 347 of the Criminal Act and the choice of punishment for the crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The scope of recommendations based on the sentencing guidelines based on the reasons for sentencing in Article 62-2 of the Social Service and Criminal Act: The scope of recommendations based on the sentencing guidelines: the mitigation area (one month to one year) of Class 1 (less than KRW 100 million) (one year) (the special mitigation person) of the mitigation area; or the act of deception.

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