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(영문) 부산지방법원 동부지원 2017.02.27 2016고단2652
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 1, 2016, the defendant was sentenced to three years of imprisonment with labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in the Busan District Court's Dong Branch branch branch, and was currently in the second trial at the Busan High Court, and operated the dispute resolutionD in the Busan District Court's Dong Branch C.

On December 13, 2015, the Defendant called the victim F (V, 65 years of age) who operates E, a food material supplier, such as butter, at a location below Busan around December 13, 2015, and calls to the victim F (V, 65 years of age).

On the other hand, there was a false statement that the supply price will be paid by the end of December of the year of delivery.

However, at the time, the above-mentioned Dispute Resolution had a debt amounting to KRW 400 million, such as the unpaid amount to the customer, due to the continued deficit, and had a debt amounting to KRW 500 million to G, H, etc., and did not pay the monthly salary, so there was no intention or ability to pay the price for supply to the complainant according to the promise.

The Defendant: (a) by deceiving the victim as above; (b) received food materials of KRW 379,00 from the victim on December 15, 2015, including but not limited to the supply of KRW 379,00,00 from around that time to December 29, 2015; and (c) received food materials of KRW 9,036,50 in total on five occasions in the same manner as indicated in the list of crimes in the attached Table from around that time to December 29, 2015, but did not pay the amount thereof; and (d) thereby, acquired pecuniary benefits equivalent to that amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on the statement protocol to I;

1. The grounds for sentencing of the sentence of imprisonment [the scope of recommendation] under Article 347(1) of the relevant criminal law, Article 347(1) of the Criminal Act, the grounds for sentencing of the sentence of imprisonment [the grounds for sentencing] under the basic area (from June to one year and six months) [the prosecutor's opinion] [the prosecutor's opinion] [the defendant in six months] imprisonment with prison labor for six months] [the decision of sentence] that the defendant again leads to the crime of fraud even though he/she had the record of being sentenced to a fine or a punishment for fraud, which is the same criminal record, even though he/she had been sentenced to a fine or a punishment for fraud.

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