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(영문) 수원지방법원 안산지원 2018.05.10 2018고단1031
사기
Text

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

Reasons

Punishment of the crime

1. On December 2, 2013, the Defendant stated that “The Defendant shall perform drilling operations at the south of the sea, complete the operation on the back of the sea and settle the value of the distribution network at the e office operated by the victim D in the south of the South Sea, South Korea.”

However, in fact, the Defendant, while engaging in the distribution business, was in a situation where he was liable to pay approximately KRW 150 million to other companies and approximately KRW 200 million personal debts to approximately KRW 150,000,000, and was thought to use the proceeds from the distribution business in preference to the repayment of the obligations of the above other companies, so even if he was supplied with the distribution network from the victim, he did not have the intention or ability to pay the proceeds at once.

The Defendant, as seen above, by deceiving the victim and deceiving the victim from the victim on December 3, 2013 to March 3, 2014, received the guns of guns equivalent to KRW 23.2 million from the victim on December 3, 2013 to the 300,000, and acquired them by deception.

2. On Nov. 1, 2014, the Defendant stated that “The Defendant would make a settlement of the value of the drilling network to the victim’s E office operated by the victim D, which was operated by the victim D, South and North Korea Navy, for the first time on Nov. 2, 2014.”

However, the defendant did not have the intention or ability to pay the price at the time, even if he received the distribution network from the injured party for the reasons of Paragraph 1.

The Defendant, as seen above, by deceiving the victim and deceiving the victim from November 13, 2014 to January 20, 2015, received the guns of guns equivalent to KRW 8.720,00 from the victim to the victim, and acquired them by deception.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Part concerning D's statement in the second police interrogation protocol against the defendant

1. Application of response statutes upon request of the NE Evaluation Information Company for investigation cooperation;

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

1. Aggravation concurrent crimes;

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