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(영문) 인천지방법원 2017.11.02 2017고단4355
사기
Text

A defendant shall be punished by imprisonment for four 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 27, 2016, the Defendant, using the Kakao Stockholm to the victim C at a place where it was not possible on June 27, 2016, can purchase KRW 635,000 at the discounted rate of 10% per 1 km per 709,000.

If money is deposited into our company's account, it will be purchased at a low price and obtain profit from the market price.

“A false representation was made.”

However, even if the defendant receives money from the injured party, he thought that he will use it as corporate operating funds, such as purchase of raw materials, and he did not have any intention or ability to purchase for the injured party.

Nevertheless, the Defendant, as seen above, received KRW 9,525,00 on the same day from the victim to the Agricultural Cooperative account in the name of D, and acquired the total amount of KRW 29,525,000 on three occasions from that time until July 25, 2016, as shown in the list of crimes in the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A certificate of custody, a detailed statement of passbook transaction, a certificate of deposit confirmation, a cash deposit certificate, a certified copy of the corporate register, a certified copy of the Kakao Stockholm, an electronic tax invoice, and a market price invoice and an electronic tax invoice;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. Reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of recommendation] general fraud [Article 62(1) of the Act on the Suspension of Execution] (Article 62(1) of the Act on the Punishment, etc. of Specific Fraud (Article 100 million won or less) / [Article 62(1) of the Act on the Punishment, etc. (Article 62(1) of the Punishment, but the amount of damage was not specified in the decision of sentence], but some damage was paid to the victim, the defendant has no criminal record of the same kind and imprisonment without prison labor or more, and the defendant reflects his mistake at the time of committing the instant crime, and all of the elements for sentencing as shown in the argument of the instant case,

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