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(영문) 광주지방법원 순천지원 2018.04.12 2017고단2852
사기
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person engaged in the wholesale business of vegetables, such as purchasing spaw from farmers and selling vegetables to merchants.

1. On January 2017, the Defendant against the victim B would pay the victim “the face value of the Myeonm wave from the Myeonm wave that supplied the Myeonm wave within three to four days” to the victim’s dry field located in Bosung-gun C located in Bosung-gun, Namsung-gun, and then be paid at the latest within one week.

“A false statement” was made.

However, the defendant did not have the intention or ability to pay the right-wave even if he is supplied with the right-wave from the injured party.

Nevertheless, from January 22, 2017 to January 23, 2017, the Defendant received supply of 16,200,000 won as a sum of 16,20,000 won from the injured party.

Accordingly, the defendant deceivings the victim to take the property by deceiving the victim.

2. On January 2017, the Defendant against the victim D would pay the victim “the face value on the face of the Myeonk-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-

“A false statement” was made.

However, the defendant did not have the intention or ability to pay the right-wave even if he is supplied with the right-wave from the injured party.

Nevertheless, from January 22, 2017 to January 24, 2017, the Defendant received 22,774,500 won in total from the injured party and went to the supply of 5,271 bits of 22,774,50 won.

Accordingly, the defendant deceivings the victim to take the property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes in the prosecutor's statement protocol with respect to B and D;

1. Relevant Article 347 of the Criminal Act, Article 347 (1) of the Criminal Act (the point of fraud) and the choice of imprisonment with prison labor for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The criminal records of the defendant for the reason of sentencing under Article 62(1) of the Criminal Act (in the absence of the same type of force, etc.), the contents of the defendant's deception, the degree of damage to the victims, and the reasons therefor.

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