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(영문) 인천지방법원 2016.04.01 2015고단5219
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On November 3, 2015, the Defendant was sentenced to imprisonment with prison labor for six months as a crime of fraud in the support of the Sugwon of Sugwon, and on November 11, 2015, the judgment became final and conclusive on November 2015.

1. On July 18, 2013, the Defendant would pay the processing price immediately to the victim E at the D office located in Ansan-si, Seoul Special Metropolitan City.

“A false statement” was made.

However, at the time of fact, D was in the state of each month, and the defendant did not have any intent or ability to pay the processing cost even if he received from the injured party the processing of TV electronic equipment with a debt equivalent to KRW 1.1 billion.

As above, the Defendant: (a) by deceiving the victim; (b) had the victim process from July 18, 2013 to July 5, 2014; and (c) had the victim process the amount equivalent to KRW 115,019,584 at the market price as stated in the list of crimes attached hereto; and (d) did not pay the price, thereby acquiring pecuniary benefits equivalent to the same amount.

2. The Defendant, at the foregoing office around June 10, 2014, borrowed KRW 20,000 from the victim and repaid to the victim immediately.

“A false statement” was made.

However, the defendant did not have any intent or ability to pay the amount even if he borrowed money from the victim because he did not have good financial status like the statement in paragraph 1.

The Defendant, as such, by deceiving the victim, received 20,000,000 won from the corporate bank account under the name of D, under the pretext of borrowing from the victim on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to F;

1. A complaint;

1. A report on investigation (specific amount of damage);

1. A previous conviction in judgment: Application of a reply to inquiry, such as criminal history, and a text of judgment (a final judgment of the Suwon District Court 2014 High Court 2313, etc.);

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 latter part of Article 37 of the Criminal Code for the Handling of Concurrent Crimes, provided that Article 39(1) of the Criminal Code (each of the criminal facts as indicated in the judgment and the criminal records as stated in the judgment becomes final and conclusive.

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