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(영문) 서울남부지방법원 2014.05.29 2014고단1449
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On April 2012, the Defendant, along with C, was supplied with drinking water, milk, etc. on the condition that 16 victims, such as the Victim F, who is the supplier of goods, should settle the prices of goods at the end of each month while opening Emb in Yangcheon-gu Seoul Metropolitan Government D's branch.

However, the facts are that the defendant and C have no intention or ability to repay the price for the goods to the victims from the time of receiving the goods from the victims since they had the appearance to make the goods sold by the victims and the purchase price, etc. to be gained by selling the goods from others, as if they were to receive the goods from others, and they have no intention or ability to pay for the goods to the victims from the time of receiving the goods.

Nevertheless, the defendant, in collusion with C, deceiving victims as above, received the total amount of KRW 79,192,609 from victims during the period specified in the annexed crime list and acquired them by deceit.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning the F;

1. A criminal investigation report, re-verification of the amount of damage, and an investigation report (Preparation and reporting of a list of crimes);

1. Application of statutes, such as power of attorney and statement of transactions;

1. Articles 347 (1) and 30 of the Criminal Act applicable to the crimes;

1. Reasons for the sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes [the scope of recommending punishment] and the reason for the sentencing under Article 38 (1) 2 and Article 50 of the Criminal Act (in the event that a person under special aggravation (1 to 100 million won) is either for an unspecified number of victims or for a considerable period of time, or repeatedly commits a crime for an unspecified number of victims, or for a considerable period of time, the case where the method of frequency of crime is extremely poor [the decision of sentence] 1 year (the case where a crime has been repeatedly committed for a considerable period of time for a considerable amount of time for a single crime, the fact that there has been a history of punishment for a single crime, the fact that there has been poor number of

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