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(영문) 수원지방법원 2014.08.27 2013고단5989
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[Criminal Power] On July 3, 2014, the Defendant was sentenced to imprisonment with prison labor for a violation of the Illegal Check Control Act at the Suwon District Court on the 11th of the same month, and the said judgment became final and conclusive.

【Criminal Facts】

Around April 30, 2013, the Defendant made a false statement that “If the Defendant delivers the iron plates to the representative of the Dispute Settlement Bank Co., Ltd. located in the Nampo-gu Incheon Metropolitan City, the Defendant would pay the price in cash by the 15th day of the following month to the representative of the Dispute Settlement Bank Co., Ltd.”.

However, the defendant did not have any intention or ability to pay the price even if he received the iron sheet from the victim because the defendant was supplied with the iron market due to the economic situation at the time, and it was thought that he would use it in the necessary place.

Around May 2, 2013, the Defendant, by deceiving the victim as above, obtained the steel plates equivalent to KRW 21,152,637 from the victim and acquired them by deception.

Summary of Evidence

1. Partial statement of the defendant;

1. Part of the prosecutor's protocol of examination of the accused in G

1. Each legal statement of the witness H, I and J;

1. Tax invoices and specifications of transactions;

1. Previous convictions in judgment: Application of Acts and subordinate statutes of investigation report (No. 17 No. 5 of the evidence list);

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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