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(영문) 인천지방법원 2016.08.17 2016고단3034
사기등
Text

A defendant shall be punished by imprisonment for six 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

1. The Defendant, around December 201, is in the kind of “F, a smartphone exporter, operated by the victim D in Gyeyang-gu, Incheon, Gyeyang-gu, and the fourth floor,” with the friendship of “G” to the victim in Mongolia.

If you request smartphones to increase 10,000 won per unit rather than exporting to Hong Congo, and send only a invoice to Mongolia, the money shall be deposited immediately, and the money shall be paid as the money enters.

“The phrase was false.”

However, in fact, even if a smartphone is sent to Mongolia, it is possible to reduce the price to the victim who should sell the smartphone in the local area, so it was not the fact that the money is deposited immediately if sent only in the invoice, but it was not notified to the victim even though it was a situation in which the smartphone was not able to be sold immediately in the region of the Gamon.

Accordingly, the Defendant, by deceiving the victim as above, was issued 150,000 smartphones with a total of 21,50,000 won at around that time by the victim.

2. Around May 5, 2013, the Defendant assaulted twice the victim’s face on the ground that the victim did not properly provide education on programs necessary to operate a smartphone agency at the aforementioned place.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to D;

1. Each police statement made to D or G;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Article 347(1) of the Criminal Act applicable to the facts constituting an offense (elective of imprisonment) Article 260(1) of the Criminal Act (elective of imprisonment);

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2 and Article 50 of the same Act (within the scope of a long-term summing-up);

1. Article 62 (1) of the Criminal Act on the stay of execution (including the deposit of KRW 25 million for the victim, and the deposit of KRW 25 million for the purpose of the victim);

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Community Service Orders;

1. Article 25 (3) 4 of the Act on Special Cases concerning the Promotion, etc. of Lawsuit by which an application for compensation is dismissed;

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