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(영문) 수원지방법원 2016.06.16 2015고단5587
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

The defendant is a person who has operated the J in Suwon-si, Suwon-si, Young-si.

On August 1, 2008, the Defendant stated to the effect that “The Defendant would make the last payment of the young children’s pets, such as the sodrums, to L operating the Victim K, a supplier of the young children’s symnas,” the Defendant would supply the young children’s syp

However, in fact, at the time, the Defendant had an obligation of KRW 20 million or more, and was settling the check issued in the previous way to prevent the return, and even if the check at which the date of payment arrives on September 2008 is supplied by the injured party, there was no intention or ability to pay the price.

The defendant deceivings the victims as shown in the List of Crimes, such as deceiving the victims, being supplied with 329,300 won at the above J office on the same day from the victims, and from that time, deceiving them as shown in the List of Crimes.

9. From the victims to the end of 25.25, the victims received supplies of infant goods worth 291,860,945 won in total.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Statement by the police concerning L;

1. A complaint, a certificate of confirmation, the current status of claims under J and recording;

1. Investigation reports (report attached to a credit information inquiry note against the suspect), credit reports, and details of each transaction;

1. Investigation report (report on confirmation as to whether a criminal suspect and complainant have been on credit transactions with each other);

1. Investigation report (report on confirmation of details, such as cards under suspect's name and loans to insurance companies);

1. Application of Acts and subordinate statutes to investigation reports (specific details of the amount of damage by victim);

1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act (the point of fraud) and the choice of imprisonment for the crime;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Application of the sentencing criteria [the scope of the recommended punishment] General Fraud (the amount of a punishment shall be not less than one hundred million won, but less than five hundred million won) basic area (one year to four years) (no person subject to special sentencing)

2. The fact that the amount of this case obtained by deception is large; and

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