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(영문) 의정부지방법원 고양지원 2013.06.12 2012고단1682
사기
Text

Defendant

A Imprisonment with prison labor for a year and six months, and for a defendant B, for a period of ten months, respectively.

However, as to Defendant B, this shall not apply.

Reasons

Punishment of the crime

Defendant

A In August 25, 2011, the Incheon District Court was sentenced to five months of imprisonment for embezzlement or two years of suspended sentence, and the judgment becomes final and conclusive on February 25, 2012, and is currently in the grace period.

Defendants, G, and H (personally infinite) created a mutually-negotiable entity with the first floor price of the I building in Gyeyang-gu, Gyeyang-gu, So-gu, the first floor price of the I building was 112, and did not pay the price after being supplied with the goods, such as food, to dispose of the goods, and intended to acquire profits by disposing of the goods.

As a result, G leased the office of the above company, made preparations for the operation of the above company by lending the name of K and L, and made the business registration of the above company, and Defendant A will take charge of disposing of the goods supplied, Defendant B will take charge of loading and unloading goods supplied, and H will take charge of ordering goods.

Therefore, the Defendants, G, and H have shown their attitude to pay the victim M in a normal price as of October 30, 2012 on the 20th day of each month, and they were supplied by the victim with the original 4.3 million won, the original 4.3 million won, and original 95 stuffs. However, even if the goods are supplied as above, the Defendants, G, and H did not have the intent or ability to pay the price.

In collusion with G and H, the Defendants received property equivalent to KRW 87,109,000 in total by deceiving the victims as shown in the attached list of crimes.

Summary of Evidence

1. Defendants and G’ respective legal statements

1. Some prosecutorial suspect interrogation protocol concerning Defendants and G

1. Each police statement of N,O, F, P, Q, K, and M;

1. Each complaint filed by theO, N, or M;

1. Each business registration certificate, details of payment of transport expenses, goods storage contract, loan certificate, transaction agreement, and detailed statement of transaction;

1. Records of seizure and the list of seizure;

1. Each photograph;

1. Application of statutes concerning criminal records;

1. Relevant Articles 347 and 30 of the Criminal Act concerning the facts constituting an offense;

1. Selection of a sentence of imprisonment with prison labor chosen;

1. Aggravation for concurrent crimes;

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