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(영문) 서울서부지방법원 2015.12.15 2015고단2355
사기
Text

A defendant shall be punished by imprisonment for six 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 December 12, 2013, the Defendant was sentenced to one year and six months of imprisonment for fraud at the Seoul Southern District Court, and three years of suspended execution, which became final and conclusive on December 20, 2013.

On April 12, 2012, the Defendant rendered a false statement to the victim E in Seoul, Jung-gu, Seoul, that “I will deliver goods and receive bills from the victim E to the (State) business partner, and the discount would be changed. The bill will be approved by F. The bill will be approved by F.”

However, the fact was that a bill issued by the Defendant was received from G, the operator of the F, and the Defendant was aware that the said bill was not likely to be paid because it was difficult for F to operate the bill.

The Defendant, by deceiving the victim, presented one electronic bill (H) in the face value of KRW 24,640,00,000 issued by the StateF, received KRW 22,175,964 as the face value discount on the same day. On May 3, 2012, the Defendant, by presenting one electronic bill (I) in the same manner as the face value of KRW 27,000,000 issued by the StateF, received KRW 24,810,000 as the face value discount on the same day, and acquired KRW 20,00,000 in the face value of KRW 20,00,00 in the same method as the face value discount on the same day, and acquired KRW 65,07,50 in the aggregate on three occasions by presenting one copy of the electronic bill (J) issued by the StateF on July 17, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. The part concerning the defendant's interrogation protocol of the prosecutor's office (second time)

1. Statement to E by the police;

1. Details of each electronic bill or account transfer;

1. Previous records before ruling: Application of criminal records, investigation reports (written judgments and confirmation of the fixed date) and statutes;

1. Relevant Articles of the Criminal Act and Article 347 (1) of the Criminal Act concerning the crimes. Article 347 (Selection of Imprisonment or Imprisonment);

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act is the instant fraud.

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