(영문) 수원지방법원 2014.06.25 2013고단6892

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(영문) 수원지방법원 2014.06.25 2013고단6892

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

Around May 2013, the Defendant, at the office of the Defendant (hereinafter referred to as “D”) operated by the Defendant in Nam-gu, Nam-gu, Ulsan-si (hereinafter referred to as “D”), concluded a false statement that “The Defendant would allow the Victim E to engage in transactions with the SK Shipping (hereinafter referred to as “SK Shipping”) and the supply of food materials. To supply food materials, deposit money is required.”

However, the Defendant was engaged in small-scale supply transactions with the F Co., Ltd. (hereinafter “F”), which is a business entity that supplies food materials to SK Shipping, and thus there was no intention or ability to allow SK to engage in the supply of food materials, even if the Defendant received the deposit from the victim.

As above, the Defendant deceivings the victim as above, and received KRW 20,000,000 from the victim as security deposit, from the victim as well as KRW 30,00,000,00 from May 14, 2013 to the Agricultural Cooperative Account under the name of D around May 10, 2013.

Summary of Evidence

1. Partial statement of witness E, G, H and I;

1. A business agreement;

1. Cash custody certificate;

1. Application of Acts and subordinate statutes concerning specification of transactions;

1. Grounds for sentencing under Article 347 (1) of the Criminal Code of the relevant criminal facts [the scope of recommendations]: General Fraud and the fact that the defendant has no record of being punished for the same kind of crime (6-100 million won or less) and efforts to supply food materials has not been restored to favorable sentencing factors or the victim's damage, the sentence shall be inevitably imposed against the defendant and the defendant shall be determined as per the order, and the defendant shall not be detained in court in order to guarantee the defendant's right to defense and to give the victim an opportunity to agree with the victim.

According to the evidence described in the summary of the above evidence and the evidence submitted by the defendant, the defendant and E provide the food materials to SK Shipping with 30% of the profits therefrom, 70% of the profits shall be E, and E shall be paid as security deposit.

참조조문

-형법 제347조 제1항

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