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(영문) 수원지방법원 2018.11.30 2018고단1336
사기
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

On June 9, 2017, the Defendant supplied the Victim B with a 14,400 black luminous ray 14,400 lux, and the Defendant was requested to supply 14,400 re-type lux 14,00 around August 9, 2017 from the victim who acquired trust.

On August 16, 2017, the Defendant called “14,400 Mak-type 14,00 Mak-type 14,00 Mak-type to the victim at the Defendant’s place of business located in Mak-si.

8. 23. The supply can be made until 23. " and the payment demanded to be deposited into a bank account in the name of D who operates C.

However, at the time, the defendant was thought to use 300 million won as part of the defendant's debt repayment and cost of living which is close to 300 million won even if he received the payment, and did not think to use it for the purchase of Mak factoring, and did not secure the purchase fund of Mak factoring, and there was no intention or ability to supply 14,400 Mak factoring to the victim within a week.

On August 17, 2017, the Defendant acquired KRW 165,672,00 from the damaged person to the E bank account under D's name from August 17, 2017 by receiving money as the price for goods.

Summary of Evidence

1. Statement made by the police against B;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A protocol concerning the examination of the suspect of each police officer against the defendant or D;

1. Business registration (C) and the FD team leader's name, transaction statement, inquiry of transaction details, text message, loan certificate, G account statement in the name of A, E bank account statement in the name of D, and application of Acts and subordinate statutes to D account statement;

1. Relevant legal provisions on criminal facts, Article 347(1) of the Criminal Act on the selection of punishment, reasons for sentencing of imprisonment [general fraud] Type 2 (10 million won or more, and less than 500 million won) in the basic area of punishment (1-4 years) is larger than the amount obtained by deceit through the crime of fraud, and in addition to the repayment of 10 million won after the accusation, damage recovery or agreement is not reached. In this context, the sentencing conditions, such as the Defendant’s age, sexual conduct, means and consequence of the crime, and the circumstances after the crime, shall be considered.

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