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(영문) 인천지방법원 부천지원 2018.10.12 2018고단1944
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant is a person who has been engaged in the business of manufacturing and supplying rubber, V and pug in the trade name of “C” in Kimpo-si B.

On February 2017, the Defendant promised to pay the price of supplied goods by facsimile to F in fact operated by the victim E located in Sinsi-si, Sinsi-si by the end of the month following the month in which the tax invoice is issued, and ordered 20,000 ppart 20,00 each by the same method around March 20, 2017.

However, in fact, the Defendant was in a state of bad credit standing for 20 years and was in a state of absence of any property. Since from around 2015, the Defendant was unable to normally operate C such as paying monthly taxes and receiving tax demands, there was no intention or ability to pay the price in a normal manner even if he was supplied with V and width from the injured party.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) supplied 20,00 V around April 6, 2017 to the injured party; (c) received a total of 13,200 V from the end of April 6, 2017; and (d) obtained a total of 22,376,00 V and he received a total of 22,376,000 V and he received a total of 22,300 V around the end of April 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Detailed statement of transactions;

1. A credit report by the defendant, an inquiry into the state of registration of the defendant's businesses, and a business registration certificate by the defendant's businesses;

1. Application of Acts and subordinate statutes to investigative reports (representative of transaction companies and telephone communications);

1. Relevant legal provisions on criminal facts, Article 347(1) of the Criminal Act on the selection of a sentence (including the case), conditions favorable to the defendant for the reason for sentencing of imprisonment (the defendant recognized his own responsibility for the crime of this case), unfavorable circumstances (the fact that the defendant supplied a V and a sprink that he received from the injured party and received all the price of supplied goods, but used them individually, and the amount of damage exceeds 22 million won, and efforts were made to recover from damage even after a considerable period of time.

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