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(영문) 전주지방법원 정읍지원 2017.11.02 2017고단89
사기
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A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. The Defendant, on May 20, 2016, purchased KRW 3,000,000 per share of KRW 15,000 per share of KRW 200,00,00 from the “Blubeber farm” of the victim D’s operation in Gosi-gun C around May 20, 2016, and paid the price to the Defendant up to August 30, 2016.

“A false representation was made.”

However, in fact, the Defendant did not have any particular property or income at the time, and there was no intention or ability to pay the amount, even if he received 200 blue tree 200 flue trees from the injured party, since the obligation such as taxes in arrears and overdue cards is about 10,00,000 won.

The defendant acquired 200 brub trees worth 3,000,000 won on the same day from the injured party.

2. The Defendant committed the crime of August 20, 2016: (a) purchased KRW 10,500,000 per share of KRW 15,00 per share of KRW 700,00 in total; (b) purchased KRW 1,238,00 per share of KRW 1,238,00; and (c) paid the price by August 30, 2016.

“A false representation was made.”

However, in fact, the Defendant did not have any particular property or income at the time, and there was no intention or ability to pay the amount even if he did not receive about KRW 10,00,00 from the injured party about KRW 70,00,00, such as taxes in arrears and overdue cards.

Around August 20, 2016, the Defendant acquired the victim’s 700 share of 11,738,000 won per the market price from the “Blube farm” of the victim’s operation in Jin Chang-gun C, Jin-gun on August 20, 2016 and acquired the victim’s negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of the witness D;

1. Application of Acts and subordinate statutes on a fair deed;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the choice of punishment (in comprehensive, the choice of imprisonment);

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant has been sentenced to a fine twice for the same crime of fraud.

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