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(영문) 서울서부지방법원 2019.02.14 2018고단2153
사기
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 1, 2017, the Defendant: (a) received from the victim C, who was in blacking a bamboo selling place, with the intent to sell the bamboo satise, and then conspired to use the proceeds from sales as joint business expenses.

Accordingly, at the E office located in Ansan-si around May 8, 2017, the Defendant and B made a false statement to the effect that “The Defendant would sell the goods to the land owner within one month from the land to the land owner and would pay the price to the land owner by June 8, 2017 if the goods are not sold within one month.”

However, in fact, the defendant did not pay national taxes and local taxes, and disposed of the bamboo that he received from the victim, and then did not have the ability to deliver the proceeds to the victim even if he was killed from the victim, because he was able to use it as expenses for joint business operators with B.

Accordingly, the defendant, in collusion with B, deceiving the victim, and acquired 35,000 square meters from the victim's place of the victim's 28,000 won at the market price.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C, and part of the witness B's legal statement;

1. Partial statement of the protocol concerning the examination of the accused by the prosecution (including the C and B confrontation part);

1. A complaint;

1. Investigation reports (Submission and attachment of a record of the complainant), investigation reports (related to hearing statements by the phone of a reference witness), investigation reports (Submission of a statement, etc. by the complainant), investigation reports (Hearing reports on the F phone statement of a reference witness), and investigation reports (Submission of a statement by the complainant);

1. Application of acceptance certificates, text messages, recording records, tape-recording files CDs, CD-books, list of leathers, locking list, written statements, etc., copies of acceptance certificates, each text message, recording CD-related Acts and subordinate statutes;

1. Relevant Articles of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the crime;

1. The Criminal Act, the suspension of execution;

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