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(영문) 인천지방법원 2013.06.28 2012고정5116
사기
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant did not have the intention or ability to pay the price even if he was provided with health food from the victim C.

Nevertheless, around March 27, 2010, the Defendant sent 4 stuffs to E’s business employees who operated by the victim in Heak-gu, Young-gu, Chungcheongnam-gu, Chungcheongnam-gu, with the false statement that “if tin X-ray 8 x-ray and red ginseng concentrate are sent, the Defendant would pay 118,800 won each month from April 27, 2010 to 110 months each month,” and then, the Defendant received tin X-ray 8 x-ray and red ginseng concentrate 4 xx-type 1,18,00 won in total from the victim, and acquired the pecuniary profits equivalent to 1,18,000 won in total.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Investigation report (Attachment of a detailed statement of dispatch at home, and page 2-1 of investigation records);

1. Application of Acts and subordinate statutes to a complaint (investigative record 2-2 pages), customer product discount contract (investigative record 2-1 41 pages)

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Penalty fine of 500,000 won to be suspended;

1. Articles 70 and 69 (2) of the Criminal Act (the daily calculation amount: 50,000 won);

1. It is so decided as per Disposition by the assent of all participating Justices on the ground that Article 59(1) of the Criminal Act of the Suspension of Sentence (such as the fact that an agreement is paid upon the formation of conciliation with the victim in the relevant civil procedure and the circumstances to be considered

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