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(영문) 의정부지방법원 2019.10.18 2019고단49
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

around January 2016, the Defendant stated that “D” factories operated by the victim C in the Namyang-si-si, Namyang-si, that “The Defendant would pay the price for the goods by selling it through the E companies run within the territory of the Republic of Korea, which supply the Military Go-gu, Go-gu, Seoul-si, and the Sin-si.”

However, the defendant was thought to use the sales proceeds individually by using them as living expenses even if he was supplied with the military, Go-gu and Mamashel and sold by the victim, and there was no intention or ability to pay the sales proceeds normally to the victim.

As can be seen, the Defendant, by deceiving the victim, was supplied by the victim with a total of KRW 29 million from February 24, 2016 to June 27, 2016, which was supplied 170,935 wing-gu, Singu, Sin-gu, Seoul, and 29,000.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Each legal statement of witness F and G;

1. Statement F in the suspect examination protocol of the accused by the prosecution;

1. Each statement of F in the police interrogation protocol against the accused;

1. Statement made by the police of the F;

1. G certification;

1. A copy of each daily work day, each list of tax invoices issued, and the E-transaction balance sheet;

1. A copy of an electronic tax invoice, a copy of a list of the list of the total tax invoices, a certificate of value-added tax base, input and financial transactions, and a list of the total tax invoices by customer;

1. An explanation of the sale of stocks, a copy of the inventory quantity disposal, and each electronic tax invoice;

1. One copy of a complaint for civil procedure, one copy of the District Court Decision 2018Kadan718, and one copy of the judgment for civil procedure;

1. Application of investigation reports (verification of details of transactions in the H bank account in the name of a suspect A)-related statutes;

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. Determination of the defendant and defense counsel's assertion under Article 62-2 of the Criminal Act of the community service order

1. The gist of the claim is that the victim sells to some extent the defendant at the time.

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