(영문) 제주지방법원 2017.10.19 2016고합179

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(영문) 제주지방법원 2017.10.19 2016고합179

특정경제범죄가중처벌등에관한법률위반(사기)

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A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

On July 20, 2016, the Defendant was sentenced to imprisonment with prison labor for fraud and on April 3, 2017, and the judgment became final and conclusive on July 20, 2017.

The Defendant, along with his living female C (one person referred to as “D”), received fishery products from the Defendant under the name of the Defendant, and conspired to sell them on credit and to consume them as living expenses, etc., and made a false statement to the effect that, during March 2013, the Defendant would make the payment every week by supplying the fishery products, such as seeing machines, inciting moscul, etc., to the victim F, who was introduced through the Sungsan Scul E, and then make the payment every week.

However, the Defendant and C were supplied with approximately KRW 470,00,000,00,000 for reference, and inciting reconctition, etc. from E at the time. However, the Defendant and C did not have any intention or ability to pay the amount of the fishery products to the victim because they did not pay approximately KRW 390,000,000 for the amount corresponding to the supply price, and even if they were supplied with fishery products from the injured party, they did not have any intention or ability to pay the amount of the fishery products to the victim because they had no intention or ability to pay the amount of the fishery products to the victim.

On March 18, 2013, the Defendant and C supplied fishery products worth KRW 773,276,00 in total of the market price from around 201 to April 26, 2013, as stated in the list of crimes in the attached Table, including the provision of freezing, seeing, and inciting the market price equivalent to KRW 15,61,00 from the damaged person’s damage.

Accordingly, the defendant was given property by deceiving the victim in collusion with C.

Summary of Evidence

1. The witness F and E respective legal statements, and part of C’s legal statements;

1. A protocol concerning the examination of suspect by a certain prosecutor against the defendant and C;

1. The protocol concerning interrogation of suspects of E by each prosecutor's office;

1. Statement made by the prosecution against the F;

1. Statement of suspect interrogation of the defendant (No. 86 No. 5 of the evidence list);

1.F.

유사 판례

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