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(영문) 인천지방법원 2014.07.24 2014고단3264
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant, along with D and E, established the CF, and first traded small credit transactions, and had the F BF settled the price in good faith, and subsequently conspired to acquire financial profits by deceiving the company from purchasing large volume of goods as if he would immediately pay the price, and by failing to pay the price in bad faith.

Around April 21, 2009, the Defendant conspired with the above D and E, the Defendant made a false statement to the effect that “A victim I, who operates H, from F located in Gyeonggi-si, Gyeonggi-si, G, would pay the price without molding from the credit supply of domestic swine, etc., on April 24, 2009.”

However, the defendant et al. did not have the intention or ability to pay the price even if the defendant et al. is supplied with the meat from the victim.

The Defendant, by deceiving the victim, was supplied with 27,114,057 won in total at the market price on the same day by deceiving the victim, and was supplied with her Korean pigs, etc.

In addition, the Defendant, in collusion with D and E, was supplied with the 198,263,054 won in total by the same method nine times from around that time to April 24, 2009, as shown in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of suspect to the J;

1. Statement made by each prosecutor's office with regard to D;

1. Protocols of partial prosecutorial statement concerning E (including the parts recorded in D) ;

1. Each protocol of prosecutor's statement concerning K, L, and M;

1. Each police statement on N,O, I, and P;

1. Each complaint;

1. Investigation reports (report on telephone calls with the representative R of Qbrate), investigation reports ( listening to the statement of S), investigation reports (information on suspect E and D mobile phone phone calls), investigation reports (information on the contents of public crimes) and copies of written judgments; and

1. Application of the current status of entry and departure Acts and subordinate statutes;

1. Article 347(1) of the Criminal Act, Article 347(1) of the Criminal Act, the provision applicable to the crime, and the choice of punishment;

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