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(영문) 서울남부지방법원 2013.12.11 2013고단3244
사기
Text

A defendant shall be punished by imprisonment for not less than eight 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

The Defendant is an intermediate distributor of household goods, such as electricity sets and media, and the victim C is an electrical seller.

On December 13, 2012, the Defendant stated that “The Defendant supplied the Defendant with electric sets equivalent to KRW 30,000,000,000, to D companies, because the Defendant had experienced difficulties due to a sales depression around December 13, 201, by telephone.” The Defendant said that “The price will be paid on January 13, 2013, which is after the month.”

However, in fact, the defendant supplied the electrical sets of the victim to many business partners including the D company in his own name, and received the proceeds, or was thought to offset the defendant's obligations against the defendant's existing obligations to the business partner, and there was no intention or ability to pay the electrical sets to the victim.

The Defendant, by deceiving the victim as above, obtained the sum total of 29,236,00 won from the victim's 624 electrical sets on the same day, and acquired it by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police protocol law to C

1. Article 347 (1) of the Criminal Act applicable to the crimes. Article 347 (1) of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. It is so decided as per Disposition for the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act for the following reasons: (a) the defendant has a criminal record of the same kind once; (b) the circumstances leading up to the crime of this case may be criticized; and (c) the victim agreed with the victim and paid nine

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