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(영문) 서울중앙지방법원 2018.09.19 2018고단2310
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 became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who operated a livestock products distributor from October 4, 2007 to June 30, 2008 under the name of “D” from Dobong-gu Seoul Metropolitan Government 1’s floor.

Around June 2008, the Defendant made a false statement to F, an employee of the victim E company, “I will pay the price immediately if he/she supplies scambling, scambling batteries, etc.” at the above D office.

However, the Defendant was unable to pay the price even after being supplied with at least KRW 80,000 from other transaction partners after the commencement of the above D business, and the supplied price of the supplied goods is not sufficient, so there was no intention or ability to pay the price within the agreed period even if the Defendant received the supplied goods from the injured party.

As above, the Defendant: (a) by deceiving the victim; (b) supplied 8,587,725 won on June 11, 2008 from the victim; and (c) did not pay 8,587,725 won on the part of the victim; and (b) around that time, from July 8, 2008, the Defendant received the fry from the victims the f9,860,542 won on the part of the victims, and received the f9,860,542 won on the part of the victims; and (c) acquired the same pecuniary benefits.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. Application of Part V of the specifications of transactions, the Customer Director, and the statutes governing the specifications;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reason for sentencing of Article 62(1) of the Criminal Act Article 62(1) of the suspended sentence does not include the amount obtained by deception through the instant crime, but also the damage has not been completely recovered.

However, it seems that the defendant is currently unable to move to the elderly and sick situation, and economicly, it seems that it is difficult to expect to make efforts to recover damage.

In addition, the age, sex, environment, motive, means and result of the crime of the defendant.

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