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(영문) 부산지방법원 2019.08.22 2018고단3174
사기
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A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

[Criminal Power] On September 8, 2017, the Defendant was sentenced to six months of imprisonment for fraud at the Busan District Court, and the above judgment became final and conclusive on January 5, 2018.

【Criminal Facts】

On March 25, 2017, the Defendant issued a false statement to the victim D, “I will pay 100 tons of fri-fri-fri-fri-fri-fri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-

However, the defendant had no intention or ability to sell and pay the price even if the victim imported a living vessel, such as a long-term fishing, in Japan, and supplied it to the defendant, and he was thought to consume the sale price.

As above, around June 1, 2017, the Defendant, by deceiving the victim, was supplied with a total of KRW 13,60,000,000,000,000,000,000,000,000,000,000 from the Fishery Products Quarantine Station located in Youngdong-dong, Busan Metropolitan City around June 1, 2017; around June 2, 2017; KRW 1,537km market price; KRW 27,60,00,000,000 for the same day; around June 13, 2017; KRW 1,026km market price; KRW 1,846,00,00,00,00,000,00 for the total of KRW 13,666,00,00.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of partial police officers of the accused;

1. Protocol of the prosecutorial statement concerning G;

1. Each police statement related to G and H;

1. Each investigation report (I telephone conversations);

1. Recording records;

1. Business plans, certificates of guarantee, business registration certificates, statements of transaction, continuous product transaction contracts, books, and photographs of the burden;

1. Previous convictions in the judgment: A criminal investigation report (Attachment to the judgment of criminal records, etc.), a criminal investigation report (Attachment to the judgment), a inquiry report, and the defendant and his defense counsel's arguments are as follows.

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