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(영문) 서울서부지방법원 2013.10.23 2013고단1506
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

At the time of the instant case, the Defendant did not have any intent or ability to pay the price of the goods properly even if the goods are supplied due to economic difficulties, such as the auction of the collateral, because the personal obligation amounted to KRW 300 million, and the obligation of KRW 200,000,000, which

1. The first supply, however, on February 24, 2012, the Defendant stated that “The Defendant ordered the victim C to make payments by phone at the victim’s place in a French place, and thus, ordered the victim C to make payments by receiving the price from the Korean Pampamp.”

The Defendant was supplied by the victim with 25 km (kg 7,700 won per 7,700 won) of 1,925,000 won per market price.

2. On February 29, 2012, the second Defendant was supplied with the victim C with 26,180,000 kg of diversh diversh diversh diversh diversh diversh 340 g of the market price in the same manner as the above paragraph (1).

Accordingly, the Defendant, by deceiving the victim as above, obtained the supply of goods equivalent to KRW 28,105,00 on two occasions.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Application of Acts and subordinate statutes concerning orders, copies of delivery certificates, copies of tax invoices, and account transaction details;

1. Article 347(1) of the Criminal Code of the relevant criminal facts, the judgment of conviction, and the reason for sentencing, alleged that the defendant denied the criminal intent of defraudation and did not pay the money to the victim because of the occurrence of the money to be received by the victim. However, in full view of the evidence, such as the victim’s legal testimony, the defendant did not notify the victim of the fact even if he/she supplied the goods supplied by the victim to the Korean Pampamp and received the payment of the price in full. On July 26, 2012, the defendant prepared a plan to notify the victim of the fact that he/she would pay the victim a total amount of KRW 28,105,00 to the victim in installments.

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