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(영문) 전주지방법원 2018.05.11 2018고단300
사기
Text

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

Reasons

Punishment of the crime

On January 26, 2018, the Defendant was sentenced to six months of imprisonment with prison labor at the Jeonju District Court for fraud, etc., and the judgment became final and conclusive on March 20, 2018.

The Defendant invested KRW 960,00,000 as the representative director of D agricultural partnership in North Korea, and around July 2008, when establishing a kimchi factory for the purpose of the business of the business of the business of the kimchi, but from August 2010, the Defendant was to bear KRW 600,000 as principal and interest KRW 3,50,000 as principal and interest for each month from August 2010. Since around October 2012, the Defendant operated a kimchi factory, but did not make profits while operating the kimchi factory.

On September 16, 2013, the Defendant sent kimchi to the victim E in the above plant located in the Northwest-gun of North Korea on September 16, 2013.

G. The purport of “assumed” was to the same effect.

However, in fact, the defendant thought that the proceeds from the sale of Kimchi made by the injured party would be appropriated for obligations and loans (including interest) to other transaction parties, and even if the proceeds from the sale of Kimchi has no other revenue or property, there was no intention or ability to pay the proceeds from the sale.

The Defendant, as such, by deceiving the victim and being supplied with a distribution of the market value of KRW 4,00,000 from the injured party, and thereafter, acquired it by deceiving all five times from the time on October 4, 2013 as shown in the list of crimes in attached Form 18,641,70, the market value of which is the sum of KRW 18,641,70.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Investigation report (Binding data submitted at the relevant Eup/Myeon tax office);

1. Application of materials proving damage, such as a statement of transaction details, and statutes governing the accused and the victim recording;

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

1. The latter part of Article 37 of the Criminal Act on the Handling of Concurrent Crimes: Provided, That the reason for sentencing of Article 39(1) [the scope of recommendations] of Article 39(1) [the case where a person who has been specially mitigated commits a deceptive act intentionally [one month to one year], or the case where the degree of the deceptive act is weak.

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