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(영문) 수원지방법원 안산지원 2017.09.06 2017고단711
사기
Text

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

Reasons

Punishment of the crime

On February 14:00 on February 27, 2012, the Defendant agreed to purchase 350 tons of the strong steel plate at the construction site E site in Gangwon-gun, Gangwon-gun, the Defendant made a false statement to the victim D at the infinite coffee shop located in Seoul Special Metropolitan City (hereinafter referred to as “the Defendant agreed to purchase 350 tons of the strong steel plate at the construction site in Gangwon-gun, Gangwon-gun, the Defendant first transferred the scrap iron at the low price, which would give KRW 20 million to the Defendant.”

However, the defendant did not have entered into a contract to purchase the scrap metal at the above construction site, and there was no business fund to purchase the said scrap metal, and there was no intention or ability to transfer the said scrap metal to the victim even if he received money from the injured party, even if he did not agree to supply the scrap metal at the construction site at the around the 23th day of the same month, which was the day before the contract was entered into with the victim, and agreed to supply the said scrap metal to F at the construction site at the contract amount of KRW 7 million.

On March 2, 2012, the Defendant, by deceiving the victim, received KRW 20 million from the victim to the Nonghyup Bank account in the name of G on March 2, 2012, and acquired it by defrauded.

Summary of Evidence

1. Statement by the defendant in court;

1. Part of the oral statement made to the defendant in the police interrogation protocol;

1. Statement made by the police with H (public perusal);

1. Investigation report (to have a witness I telephone conversations);

1. Application of the contract for the sale and purchase of scrap metal, contract for the collection and sale of scrap metal and miscellaneous iron, written confirmation of deposit in the passbook, and written order for summary issuance;

1. In light of the relevant legal provisions on criminal facts, Article 347(1) of the Criminal Act on the selection of punishment, Article 347(1) of the Criminal Act on the grounds for sentencing sentencing of imprisonment, Article 1-type (100 won or less)-type-1-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type (100 million won or less)-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type

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