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(영문) 서울중앙지방법원 2016.04.06 2015고단4958
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around May 19, 2014, the Defendant, a defendant in Songpa-gu Seoul Metropolitan Government, made a false statement to the victim E, stating, “The Defendant imported the prison diapers in Japan within three weeks, and supplied them to 1,550N per package.”

However, even if the party receives the price for the goods from the injured party, it was thought that the goods will be consumed for personal purposes such as repayment of the F, which is not the price for the goods, if not only did not have the intention or ability to supply the Megroids within the above period but also received the price for the goods from the injured party.

The defendant deceivings the victim as above and was transferred to the account (Account Number: G) of Korea bank account (Account Number) with D in the name of D in the resolution of the resolution of the settlement of accounts in Korea on May 26, 2014.

Summary of Evidence

1. Statement of witness E in the third public trial protocol;

1. A copy of the investigation report (Submission of an explanatory note), a copy of the undertaking, and a translation of the undertaking;

1. Application of Acts and subordinate statutes on filing a complaint, receipt of deposits in foreign currency, and goods supply contract;

1. Article 347 of the Criminal Act applicable to the facts constituting an offense and Article 347 (1) of the Criminal Act selection of punishment;

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act (i.e., that the injured party is not subject to the punishment of the accused by agreement with the injured party) or more of the Criminal Act;

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