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(영문) 서울동부지방법원 2016.12.14 2016고단911
사기
Text

A defendant shall be punished by imprisonment for not less than two months.

Reasons

Punishment of the crime

【Criminal Power】 On February 10, 2010, the Defendant was sentenced to two years of imprisonment for fraud in the Incheon District Court’s Branch Branch Branch, and completed the execution of the sentence in the Ansan Prison on October 11, 201. On October 29, 2015, the Seoul Eastern District Court sentenced the Defendant to one year and four months of imprisonment for fraud, and the said judgment became final and conclusive on July 1, 2016.

【Criminal Facts of Crimes】 On December 2, 2013, the Defendant issued a false statement to the victim R on the second floor of the Seocho-gu Seoul P building, stating that “The Defendant imported pelpellets at a low price from Vietnam to supply it to the power plant at a low price. The Defendant supplied pelpellets at a price that is supplied to the power plant by the State Party.”

However, the Defendant did not have any intention or ability to supply pellets at a low price on the part of the victim because he did not proceed with the business importing pelpellets from Vietnam, and even if he received money from the victim under the above name, he did not have any intention or ability to use pelpellets as the price for the goods.

Nevertheless, the Defendant, by deceiving the victim as above, received 30 million won from the victim to the Agricultural Cooperative (U) account in T on December 2, 2013 as the price for the goods, and acquired it by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness R, V, W, and X;

1. A name box, a detailed statement of deposit, a written claim for the price of goods, and a record;

1. Previous convictions: Application of Acts and subordinate statutes to the inquiry into criminal and investigation records materials, each written judgment, summary agreement auxiliary meetings of each case, investigation reports (prior to repeated crimes and attachment of written judgments);

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

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The reasons for sentencing in the latter part of Article 37 and the first sentence of Article 39(1) of the Criminal Act are the sentencing criteria.

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