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(영문) 수원지방법원 성남지원 2014.12.05 2014고단649
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On July 5, 2011, the Defendant provided that “A victim D, who works for Dominants, would sell rice by mediating rice inside the singular singular singular singing and selling rice.” On July 15, 2011, the Defendant supplied 850 km rice, July 22, 2011, and 520 km rice, around August 5, 201, the Defendant supplied the victim with 20 km rice and 40 km rice. The Defendant supplied the victim with 380 gsing and 40 gsing rice.

However, at the time, the Defendant was unable to pay the amount equivalent to KRW 15 million for rice supplied by other business partners, and was liable for the amount equivalent to KRW 20,000,000,000, and there was no particular revenue or property. Even if the Defendant received rice from the victim, it was thought that it was used to settle the amount of rice that was not paid to the previous business partners, so eventually, the Defendant did not have the intent or ability to pay the amount even if he received rice from the victim.

As above, the Defendant, by deceiving the victim, acquired 20 km rice 1,750 g, 40 g rice 40 g from the victim.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on trading lists;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The sentence shall be determined as ordered by comprehensively taking into account the following factors: (a) the reason for sentencing under Article 62(1) of the Criminal Act; (b) the Defendant has no record of punishment exceeding the fine; and (c) the Defendant’s age, character and conduct, surrounding environment, motive and consequence of the crime; and (d) all the conditions of sentencing specified in the records and arguments, including the circumstances after the crime;

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