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(영문) 대전지방법원 2016.10.19 2016고단2681
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On September 20, 201, at the C office of the clothing distribution company operated by the Defendant in Namyang-ju B, the Defendant provided the victim D with the intent to pay for the clothing amounting to KRW 202,826,000 in total from November 8, 2011, including that he/she was supplied with the clothing amounting to KRW 464,00 on the same day from the victim who believed that he/she would sell the clothing at the time of supplying the clothing, and received any clothing amounting to KRW 202,826,00 in total from the victim by November 8, 201.

However, the Defendant was unable to pay the price despite being supplied with clothing from other clothing service providers around that time, and even if there was no particular property, there was no intention or ability to pay the price normally even if the Defendant was supplied with clothing from the victim.

As above, the Defendant, while deceiving the victim and being provided with clothing equivalent to the sum of KRW 202,826,00,000 from the victim, did not pay the price.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of a copy of transaction ledger;

1. The punishment has been determined by comprehensively taking into account the relevant legal provisions on criminal facts and Article 347(1) of the Criminal Act with regard to the selection of punishment, the fact that the amount of the reason for acquiring the punishment is a large amount, the fact that the punishment has not been agreed, the fact that the defendant reflects the fact that the defendant is sentenced to another crime (eight years of imprisonment and the continuation of appellate trial).

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