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(영문) 대전지방법원 천안지원 2014.07.03 2013고단1609
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal record] On May 31, 2013, the Defendant appealed from the Daejeon District Court Branch of the Daejeon District Court that was indicted as a crime of fraud, and the Prosecutor appealed. On November 27, 2013, the judgment of the lower court was reversed and the Defendant appealed on August 27, 2013, but the judgment of the appellate court became final and conclusive on February 27, 2014.

【Criminal Facts】

1. On October 25, 2012, around October 25, 2012, the defrauded stated that “When sending steel, the Defendant will pay back the balance on November 5, 2012, around 2000 won, and November 20, 2012, at the D office operated by the Defendant in Seo-gu, Seo-gu, Seocheon-gu, Seoan-gu, Incheon, that “If sending steel, the Defendant will pay back the balance.”

However, the defendant did not intend to pay the amount to the victim even after he was supplied with steel and sold by the victim.

Nevertheless, the Defendant obtained the total steel amount of KRW 56,131,790 from the victim on October 30, 2012 and November 2, 2012, and acquired it by deception.

2. Around January 14, 2013, the defrauded told the victim of the above office that “if the victim sent an additional amount equivalent to KRW 13 million, the Defendant will also pay the amount unpaid at the last time.”

However, the defendant did not intend to pay the amount to the victim even after he was supplied with steel and sold by the victim.

Nevertheless, the Defendant received the total amount of 13 million won from the victim, namely, steel in stone, and acquired it by fraud.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and G;

1. Electronic tax invoices, each business registration certificate, copies of promissory notes, credit investigation reports, each investigation report (to make a reference witness I telephone conversations, vice president telephone conversations), investigation results reports, copies of each registration right, each registration certificate, all of the registered matters, each registration certificate, and details of passbook transactions;

1. His previous convictions.

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