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(영문) 수원지방법원 안양지원 2016.06.24 2015고단1776
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant is a person who has been engaged in the manufacture and sale of clothes under the trade name of Gangnam-gu Seoul Metropolitan Government C and D located in 1st floor, and the victim E is a person who has been engaged in the textile manufacturing business under the trade name of Seogu-gu F G located in Daegu.

In 2012, the Defendant had suffered a loss equivalent to approximately KRW 50 million by making an investment in futures. Since there was a debt equivalent to approximately KRW 20 million, there was no intention or ability to pay the price normally even if the Defendant received the original supply from the injured party.

1. On May 2012, the Defendant would make payment to the victim by telephone within a month when the Defendant supplied the license plate to the victim.

‘Falsely speaking, it received from the injured party the 4,707,000 spons equivalent to the market price of KRW 4,707,00 from the original spons 1,046 sponsed and fraudulently acquired them.

2. On April 2013, 2013, the Defendant would make payment to the Defendant by telephone to the Defendant for the first time until May 2013, along with the original amount supplied by around May 2012.

‘Falsely speaking, it received from the injured party the 14,400,000 spons equivalent to the market price of 14,40,000 spons 2,119 spons from the supply of them.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A written request for ITEM and a statement on shipment of products;

1. Application of Acts and subordinate statutes of the investigation report (the filing of the previous and the copy of the judgment, and the purport that the defendant was liable for 220 million won as of March 26, 2012 at the time of the instant case)

1. Relevant Article 347 of the Criminal Act and Article 347 of the Criminal Act (or, in combination, the choice of imprisonment and the reasons for sentencing) concerning the crime;

1. Application of the sentencing criteria [the types of decisions] fraud, general fraud, and type 1 (less than KRW 100 million) (the area of recommendation and the scope of punishment] basic areas: Imprisonment with prison labor for up to six months from June to one year;

2. Determination of sentence [the factors of sentencing to be considered] failure to recover from damage. The fact that the injured person wants the punishment of the accused. The background of the crime, the age, sex, environment, etc. of the accused after the crime is committed.

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