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(영문) 대구지방법원 서부지원 2014.01.17 2013고정1225
사기
Text

Defendant shall be punished by a fine of KRW 5,000,000.

Where a defendant fails to pay a fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On July 2007, the Defendant: (a) pretended to engage in the normal distribution business under the trade name, B, C, etc., and (b) concluded that the Defendant would have been supplied goods on credit from various goods distributors, and paid a certain amount of the goods on credit, thereby securing a large quantity of goods; and (c) went away without paying the price properly.

On September 1, 2007, the above C et al. ordered goods, such as shampoo and rinse, while placing a telephone to the victim H, who operates the "G" located in Busan Jin-gu, Busan, in accordance with the above resolution, around September 1, 2007, when supplying the goods to the victim H, who is operating the "G" located in the Busan Jin-gu, Busan.

The Defendant was supplied with goods equivalent to KRW 9,10,00 from D to D on the same day, and paid KRW 6 million, and was additionally supplied with goods equivalent to KRW 11,682,400 at the same place on the 20th day of the same month.

However, at the time, the defendant had no intention or ability to pay the price normally even if he was supplied with the above goods by the victim.

As a result, the Defendant conspired with the above C, etc. to receive property from the victim by deceiving the victim.

[criminal records related to the handling of concurrent crimes] On January 14, 2009, the defendant was sentenced to imprisonment for 2 years and 6 months with prison labor for a crime of fraud (the crime in July 2007 through September) at the Seo-gu District Court Branch of the Daegu District Court, and the judgment was finalized on August 20, 2009, and on May 19, 201, the same court was sentenced to one year of suspension of execution for 4 months for a crime of fraud (the crime in September 14, 2007) and became final and conclusive on May 27, 2011.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of each police interrogation protocol concerning B and C;

1. Each statement of payment undertaking;

1. The police statement of H;

1. Previous convictions as indicated in the judgment: Criminal history records, records before the disposition, reports on results of confirmation, and application of Acts and subordinate statutes;

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