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(영문) 전주지방법원 정읍지원 2015.05.07 2015고단29
사기
Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 15, 2012, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Illegal Check Control Act in the Jeonju District Court's branch court's support on November 15, 2012, and the judgment became final and conclusive on September 7, 2013.

The defendant is a substantial representative of D agricultural partnership in Jung-Eup, who is engaged in the business of selling after being supplied with chickens, etc. by the Gyeyang-gu, etc.

On January 2012, the Defendant called “F, who is operating the Victim E Co., Ltd. Co., Ltd., Ltd., for the supply of earth and sand, the Defendant would pay the price in cash ten days later.”

However, in fact, the Defendant was liable to pay the KRW 00 million at the time, but was unable to pay it. Since there was no other property owned by the Defendant, there was no other property owned by the Defendant, the Defendant did not have the ability to pay it even if he was supplied with earth and sand

Nevertheless, as above, the Defendant, by deceiving the victim as above, received earth and sand equivalent to KRW 30,441,750 at the market price on January 10, 2012 from the victim and acquired 5,88 maris from the victim, and then acquired 5,88 maris from around that time.

2. Until September 2, 200, he was supplied with 230,454,400 Korean market price over a total of 10 times as shown in the annexed list of crimes and acquired it by deception.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A list of complaint filed and sales status;

1. Previous records: Criminal records and other inquiries, and investigation reports (report on criminal records of the accused);

1. Application of statutes;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

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

1. The reason for sentencing of Article 62(1) of the Criminal Act under the suspended sentence is that the defendant is starting to commit the instant crime and is against the law, and that the defendant does not have any damage inflicted on the victim, but the victim does not want the punishment of the defendant, and that is caused to commit the instant crime.

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