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(영문) 춘천지방법원 원주지원 2017.01.23 2016고단1206
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On May 8, 2009, the Defendant ordered the cosmetic to the victim D, who is the door-to-door seller of cosmetics, at the Defendant’s office located incheon-si, the Defendant would pay the cosmetic by cash or account transfer or credit card.

“A false representation was made.”

However, in fact, the Defendant was liable for the personal obligation of approximately KRW 30 million, and the husband’s income engaged in daily work was insufficient to use it as the cost of living. Since there was no particular import or property, there was no intention or ability to pay the price even if the Defendant received cosmetics from the injured party.

Nevertheless, the defendant was delivered to the injured party, namely, a 40,000 won of the market value at the seat, and a ju block was cut to one.

From that time until November 23, 2015, the Defendant received from that time a total amount of 56,245,000 won or health food in the same manner, as indicated in the list of offenses, from that time until that time.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each report on investigation;

1. Complaint;

1. Sales details, application of Acts and subordinate statutes on customer cards;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the choice of punishment (in comprehensive, the choice of imprisonment);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Orders;

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