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(영문) 서울북부지방법원 2019.02.15 2017고단4866
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On June 10, 2016, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Labor Standards Act in the Changwon District Court’s territorial branch on June 18, 2016, and the judgment became final and conclusive on June 18, 201

The defendant is a person who has operated a mutual studal of C in Seoul Jung-gu B and 1st floor.

Around October 18, 2012, the Defendant made a false statement to the effect that “F” of the victim E’s clothes manufacturing business office in the Seoul Central Franc-gu D and the first underground floor, “F,” “F,” the Defendant, at the victim’s office, sells the degree of 7,000 nit 7,000 won per heading 5,00 won to the offender. The Defendant would pay all clothes at once.”

However, in fact, the Defendant had a debt of 150 million won or more at the time, on the other hand, did not have certain income or any other property, sold the clothing received from the victim, and then thought to be used as operating expenses of the sprinking enterprise. Therefore, even if he received clothes from the victim, he did not have an intention or ability to pay the price as agreed, as agreed.

From October 18, 2012, the Defendant: (a) by deceiving the victim; and (b) obtained from the victim the victim the above “F”, around October 19, 2012, Chapter 2,880 female Nice 2,880; (c) around October 23, 2012, around October 27, 2012; (d) obtained each delivery of Chapter 1,081,00 in total amount of KRW 33,425,00,00 from the market price.

Summary of Evidence

1. Indicating some of the statements of the prosecution and the police suspect examination protocol against the accused;

1. Statement of each police statement concerning E and G;

1. Investigation report (to hear statements of victims E);

1. Answer to a request for cooperation in investigation;

1. A list of transactions, and a certified copy of a trade statement;

1. Previous convictions in judgment: The application of Acts and subordinate statutes to refer criminal records, amounts of dispositions and results confirmation;

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;

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