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(영문) 창원지방법원 통영지원 2017.09.28 2017고단425
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant is a person running a restaurant business with the trade name B from Tong-si to Dong-si, and the victim C is a person running a new friendship farming business in the Southern-gun of South Korea, and the Defendant and the victim entered into a contract on October 26, 2015 with the content of sale of 10,000 won per 1km of all the new eggs owned by the victim. According to the above contract, the victim was paid 1,073 km of 1,073 km on the same day and supplied 1,073 km of 1,073 km of 200,000 won on October 27, 2015, and supplied 1,774 km of 20,000 won on October 29, 2015, the victim was paid 1,774 km of 20,000 won on the same day.

On October 29, 2015, the Defendant stated to the effect that “When sending a new letter to the victim first, the payment will be made up to November 5.”

However, in fact, even if the defendant is new from the damaged person, the defendant was willing to be at issue of the quality of the new letter and not to pay the price.

As such, the Defendant, by deceiving the victim, received each supply of 6.4 million won at the market price of 6.4 million won from the victim, and acquired 7.3 million won at the market price on November 1, 2015, and acquired 7.30 kilograms from the victim.

Summary of Evidence

1. Each legal statement of witness C, D, and E;

1. Statement protocols made by the prosecution against C and E;

1. Statement made by the police against C;

1. Fact-finding certificate (D);

1. Investigation report (the indictment of the same kind of case and accompanying materials, such as non-prosecution decision paper);

1. Certificates of storage, notes, and details of transactions of cash;

1. The complaint (the defendant alleged that the new letter supplied by the injured party was not paid because of the fact that the new letter supplied by the injured party was closed or because of the lack of commodity value, but according to the evidence duly adopted and examined by this court, it can be sufficiently recognized that the defendant acquired the new letter by being supplied from the injured party without the intent to pay the price, so the defendant's above assertion by the defendant is not accepted).

Application of Statutes

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, and the punishment of imprisonment;

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