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(영문) 인천지방법원 부천지원 2013.05.29 2012고단2043
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, 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 June 20, 2012, the Defendant made a false statement that “The Defendant would pay the price when it comes to the D Company’s logistics warehouse up to June 28, 2012, by posting a phone call to the employees of the victim (ju) Ethye PC 500 prices to be supplied to the D Company. It would be necessary to pay the price when it comes to the D Company after one month after delivery.”

However, in fact, the defendant is liable for 175,00,000 won on the side of the D Company, and the defendant was scheduled to provide the above Bable PC 500 as a pledged article to secure the repayment of the debt, so there was no intention or ability to pay the price on the due date even if he received the Bable PC from the victim.

On June 28, 2012, the Defendant received 500 p.m. PC 500 won at the market price owned by the victim from the victim in the logistics warehouse of the D company located in Ischeon-si.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the Acts and subordinate statutes on witness C and E’s legal statement;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (Consideration of circumstances leading to the occurrence of the case, the degree of actual damage, the amount of partial damage, the agreement reached smoothly and the point of absence of the same kind of power);

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