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(영문) 수원지방법원 2016.05.19 2016고단130
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 10, 2015, the Defendant was sentenced to 10 months of imprisonment for fraud and 2 years of suspended execution at the Incheon District Court on April 10, 2015, and the judgment was finalized on April 18, 2015.

On February 2, 2012, the Defendant is the head of the headquarters of the fire extinguishing design in the office of the victim D located in Seo-gu Incheon Metropolitan City, Incheon Metropolitan City.

On the other hand, the price of goods will be settled in the month when the goods for promotion are supplied on credit to the chemical cosmetics.

“.....”

However, in fact, the Defendant was not the head of the headquarters, and the Defendant was not the head of the headquarters, and there was no intention or ability to pay the price for the goods supplied by the victim to the victim under the name of E in operation because the Defendant was planning to supply the goods to each branch of the (main) cosmetic in order to have the head of the said branch pay the price for the goods to the victim. Thus, there was no intention or ability to pay the price for the goods supplied by the victim within the agreed period because there was no special property or certain import.

As such, the Defendant: (a) by deceiving the victim; (b) received goods for promotion of rice, etc. from the victim on May 24, 2012 from around that time to August 17, 2015; and (c) received goods for promotion equivalent to KRW 93,290,985, a total of 50 times from around that time, as stated in the list of crimes in the attached Table, but did not pay the amount of goods equivalent to KRW 51,229,70, among which the Defendant received goods for promotion, and thereby acquired pecuniary benefits.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Details of the judgment of the Incheon District Court (2013 Ghana 18768), and a statement of transactions;

1. Previous convictions: Inquiry of criminal history and application of the same criminal records and other statutes of the judgment;

1. Relevant Article 347 (1) of the Criminal Act and Article 347 (1) of the Criminal Act concerning the facts constituting an offense (generally, selection of imprisonment with prison labor);

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 62(1) of the Criminal Code of the Suspension of Execution (Recognizing his mistake).

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