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Reasons
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(영문) 수원지방법원 2016.09.29 2016고정1627
사기
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Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person engaged in the wholesale business of agricultural and fishery products.

On December 2, 2013, the Defendant rendered a ruling to “the supply of kimchi to the victim D” at the C molds processing plant located in Ansan-si B at the end of the horse.

Accordingly, the victim stated that "to provide if only the settlement conditions are met."

On January 1, 2014, the Defendant again stated that “The Defendant supplied the Victim with the ground located in the territory of Gyeonggi-do, the mountain, the forest located in Chungcheongju, the forest located in the city of Gyeonggi-do, the forest located in Seoul E, and the forest located in the territory of the Republic of Korea. The Defendant would make settlement in cash every 15 days from the date of supply of the goods until the creation of a collateral security.”

However, even if the defendant supplies kimchi, he did not have the intention or ability to settle the price.

The defendant deceivings the victim as such, and causes the same damage to the victim.

1. 10. 10. The same year including the supply of an amount equivalent to KRW 8.4 million at the market price of kimchi 60,000;

1. 16. Gimchi 2000km market valueing to 2.8 million won, and the same year;

1. 20. Kimchi 2500k market value of 3.5 million won was supplied.

Although the defendant supplied kimchi in an amount equivalent to KRW 14.7 million over three occasions, he/she acquired the Kimchi without paying the price.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A complaint;

1. Application of Acts and subordinate statutes on a copy of transaction statement;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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