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(영문) 서울북부지방법원 2017.02.09 2016고단4903
사기
Text

The punishment of the accused shall be four months by imprisonment.

However, the execution of imprisonment for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 2015, the Defendant would pay the victim B by telephone at a place in the first half of 2015, where the Defendant supplied products, such as cosmetics, with 10% interest at the end of the following month.

“The phrase “ was false.”

However, the Defendant did not have any property or income after the repayment of the business in 2010. On June 12, 2014, when he was declared bankrupt by the Seoul Central District Court, on or around January 2, 2014, the Defendant intended to participate in the implementation of the business in Mongolia, such as sand, screen golf, and grads, but was excluded from the business on or around January 2015. After soliciting C to operate the business in Mongolia by soliciting C to invest KRW 70 million in the business in May 2015, the Defendant opened the business in Mongolia, but the business profit did not have any intention or ability to pay the proceeds even after receiving the supply of the beauty goods from the injured party.

As such, the Defendant, by deceiving the victim, received from the victim the amount equivalent to 1,180,90 won at the market price of 30 female beauty art products in the early May 2015, equivalent to 1,876,900 won at the 14 market price of female beauty art products around May 18, 2015, equivalent to 5,142,040 won at the 37 market price of female beauty art products around May 23, 2015, and acquired the amount equivalent to 14,673,740 won at the 16 market price of female beauty products around June 2, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. B oral statements concerning the defendant in the police interrogation protocol;

1. Entry of the prosecutor's statement concerning C in the protocol;

1. A written statement of order, a unit price table of goods purchased, a certificate for acceptance of goods, and a written confirmation for payment;

1. A credit information inquiry statement;

1. Application of e-mail statutes

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense. Article 347 (1) of the said Act

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the grounds that the victim is not punished;

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