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(영문) 대구지방법원 서부지원 2017.01.05 2016고단2040
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence 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 also a person who has operated agricultural products wholesale stores in each market under the trade name, “C”, even the old and American agricultural products in the Sung-gu, Young-gu, Young-gu.

On March 11, 2013, the Defendant made a false statement to the effect that “E” stores operated by the victim D would provide the victim with agricultural products such as mathy, etc. on credit on a daily basis, thereby faithfully paying the credit amount of KRW 300 to five million each month, including KRW 42,852,500,000, which occurred during the ethal calendar year.”

However, at the time, the Defendant was liable for a loan exceeding KRW 200 million due to the difficult operation of the “C” operated by the Defendant. Accordingly, the Defendant was liable for a loan exceeding KRW 5 million each month, and even if the Defendant continued to operate the “C”, there was no intention or ability to repay the loan even if the Defendant was supplied agricultural products on credit from the injured party.

The Defendant, by deceiving the victim, received agricultural products equivalent to KRW 41,347,100 from the injured party over 56 times from around that time, including the supply of 858,500 won, such as an increase in the number of times equivalent to KRW 858,50 on the same day from the injured party, and acquired agricultural products that amount to KRW 41,347,100 from around that time to May 11, 2013.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to a copy of the decision (2015, 24142 personal rehabilitation), a copy of the confirmation document, and a copy of the receipt;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62(1) of the Criminal Act provides that the Defendant shall not be able to pay the price of the agricultural products to be supplied to the injured party, even though he/she appears to have the attitude of leading up to the confession of the crime and reflect the crime, and the crime of this case is not planned by the Defendant, but by negligence.

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