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(영문) 춘천지방법원 2017.01.12 2016고단910
사기
Text

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

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

Reasons

Punishment of the crime

On June 201, 201, the Defendant: (a) stated that the Defendant was at low temperature in the operation of Defendant C located in Chuncheon-si, Chuncheon-si; and (b) stated that “The Defendant would purchase a vessel at KRW 750,000 per trucking freight” to the victim D.

However, the Defendant had no specific assets at the time, and did not pay interest of KRW 1.32 billion from May 201, 201 due to the absence of a certain amount of income. However, the Defendant failed to pay the said interest of KRW 1.35 million from May 201, and failed to pay the construction cost for the said low temperature storage and the construction cost of KRW 13.5 million on May 23, 201, because a decision to commence an auction for the said low temperature storage and the building was made on May 23, 201, there was no intention or ability to pay the said amount even if he/she received a delivery from the injured party.

The Defendant, from the beginning of June 201 to the beginning of June 14 of the same month, obtained the delivery of the 47th load market value of 3,5250,00 won from the injured party.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statements of witnesses D and partial statements of witnesses E;

1. A protocol concerning the examination of suspect to the prosecution of some of the accused (including the whole part of D);

1. Statement made by the police against D;

1. A complaint, a letter of payment, a confirmation, and a certificate of cash custody;

1. A certified copy of the register of freezing warehouse, investigation report (suspect's credit report), investigation report (a summary order attached), investigation report (a summary order attached to a criminal suspect's violation of the Labor Standards Act), statement of transaction [the defendant and his defense counsel alleged that they are not obligated to pay the price of supply because the supply is not high enough to the extent of market value for addition of the supplied quantity, but the following circumstances acknowledged by the above employment evidence are as follows, ① the quantity of distribution supplied by the defendant is stored in the combined freezing warehouse, or was stored in the above freezing warehouse and moved to the agricultural and fishery products market once for auction.

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