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(영문) 서울중앙지방법원 2016.03.24 2015고단8165
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[Majority Relations] On July 20, 2007, the Defendant was sentenced to two years and six months of imprisonment for a crime of fraud, etc. at the Seoul Central District Court, and on May 2, 2008, the same court was sentenced to six months of imprisonment for a crime of fraud and eight months of imprisonment, and the execution of the final sentence was terminated on August 13, 2010. On August 8, 2014, the Seoul Central District Court was sentenced to two years of imprisonment for a crime of fraud at the Seoul Central District Court, and the said judgment became final and conclusive on February 9, 2015.

[Criminal facts] The Defendant 2011

8. 31. The “CW” in the Ansan-si CV would pay the price on the following day after the delivery of swine to the victim CX.

“.....”

However, the Defendant had no intention or ability to pay the amount immediately following the following day, even if he was supplied with a swine machine by the injured party because the Defendant had a debt of 89 million won at the time, and there was no clear capital and there was no way to raise outside funds.

Nevertheless, the Defendant: (a) by deceiving the victim on August 31, 201; (b) obtained supply of each of the pigs amounting to KRW 27,280,039 won on September 1, 201; and (c) obtained supply of each of the pigs amounting to KRW 8,923,624 on September 2, 201; and (b) obtained supply of the pigs amounting to KRW 12 million on September 2, 201; and (c) obtained payment of only KRW 12,00,000 and did not pay the remainder; and (d) acquired the remainder amount of KRW 15,280,039.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police in relation to CX;

1. Details of sales, specifications of supply of livestock products, and transaction of passbooks;

1. Previous relation: References to inquiries, the number and acceptance status of each individual, report on investigation (Attachment to a copy of the judgment) and the application of statutes attached thereto;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The latter part of Article 37 of the Criminal Act: (a) confession and reflects the reason for sentencing under Article 39(1) of the Criminal Act; (b) multiple criminal records of the same kind; (c) the recovery of damage; and (d) the first head of the criminal facts of which judgment was rendered on February 9, 2015.

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