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(영문) 춘천지방법원 강릉지원 2014.07.31 2013고단417
사기
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On August 19, 2011, the Defendant stated that “The Defendant would pay the price without extending over the 5th day and 20th day of each month when he supplies the golf products to the victim E who operates the company D, and that “MF golf products will be supplied.”

However, even if the defendant received golf clothes from the victim, the defendant did not have the intention or ability to pay the price because he was scheduled to use the money for clothes sales as living expenses or Internet gambling expenses.

Nevertheless, the defendant received golf products equivalent to KRW 1,847,870 from the victim on the 31st of the same month, as well as golf products equivalent to KRW 1,953,960 on the 31st of the same month, the same year

9. A golf course equivalent to KRW 2,517,370 on March 30, 200; a golf course equivalent to KRW 2,788,760 on October 25 of the same year; a golf course equivalent to KRW 2,327,260 on November 1 of the same year; and a golf course equivalent to KRW 2,327,260 on five occasions, such as being supplied, were supplied, and the price was not settled.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. Electronic tax invoices, etc., written agreement of payment;

1. Application of the Acts and subordinate statutes to the complaint;

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

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of punishment by law: Imprisonment for not more than 15 years;

2. The range of the recommended sentence on the sentencing guidelines [the decision of type] the range of the recommended sentence on the sentencing guidelines / the fraud group, the general fraud type 1 (less than KRW 100 million) - the mitigation element: In a case where a person intentionally commits a deceptive act, or where the degree of the deceptive act is weak, the amount of punishment not to be imposed [the scope of the recommended area and the amount of the recommended sentence] special mitigation range: Imprisonment for not more than

3. Determination of sentence;

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