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(영문) 서울중앙지방법원 2013.03.18 2012고단908
사기
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A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On October 27, 2011, the Defendant was sentenced to imprisonment with prison labor for a violation of the Illegal Check Control Act at the Seoul Northern District Court on June 201, and the said judgment was finalized on November 4, 2011.

On May 2010, the Defendant stated to the effect that “The Defendant would pay the printing cost in lieu of the printing cost and deliver the advertising book in lieu of the printing cost,” through E, a victim’s employee, who is the victim’s staff, at the victim D(n, 46 years of age) office located in Suwon-si, Suwon-si, Suwon-si, Suwon-si.”

However, at the time, the advertising company run by the defendant was not able to pay the employee's wages to the extent that the operating expenses are insufficient, and the advertisement for the service was made to the advertiser for three months, and there was no special profit, and even if the advertising book was supplied by the victim, there was no intention or ability to pay the printing expenses within three months.

Nevertheless, on July 12, 2010, the Defendant enticed the victim as above, and caused the victim to acquire the victim's pecuniary benefits equivalent to KRW 19,842,00,00 for printing advertising books for July 12, 2010, KRW 33,403,403,414, and KRW 34,446,720 for printing printed books for September 30, 2010, and KRW 11,054,890 for printing printed books for October 6, 2010.

Summary of Evidence

1. Defendant's legal statement;

1. Witnesses D and E's respective legal statements;

1. A copy of a basic agreement, a copy of the detailed report on the joint operation of the apartment newsletter, or an advertisement book;

1. Previous convictions in judgment: Application of investigation reports (previously, binding of judgment and confirmation of the fixed date) and Acts and subordinate statutes;

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

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

1. Article 62 of the Criminal Act:

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