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(영문) 수원지방법원 안양지원 2018.11.27 2018고단1011
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

The defendant of "2018 High 101" was the actual operator of the Dispute Settlement Co., Ltd. D in Ansan-si, Ansan-si, and in fact, the defendant was responsible for the debt of about KRW 200 million to the Dispute Settlement Co., Ltd., which is a trading company, and even if he borrowed money due to the difficulties in financial status, he did not have the intent or ability to pay it according to the promise. However, around July 13, 2017, the defendant purchased a telephone from the victim B and delivered it to the Dispute Settlement Co., Ltd.

The principal and 1% profits shall be paid within 3 to 4 days from the loan of the purchase fund.

“Falsely speaking,” the defrauded received KRW 50 million from the injured party on the 19th day of the same month from the victim.

The defendant of "2018 high-class 1517" was the actual operator of the Dispute Resolution D in Ansan-gu, Ansan-si, and in fact, the defendant bears approximately KRW 200 million debt to the Dispute Resolution Co., Ltd., which is a trading company, and even if he/she is supplied with the non-performance, he/she did not have any intent or ability to pay the price in accordance with the promise. However, around June 8, 2017, the defendant would pay the victim H, a director of the Dispute Resolution Co., Ltd., by supplying the copper scrap to the victim, on the date of delivery.

“A false statement” shall be deemed to have been made by the victim company in the same year.

7. 13. The market price of 20,280km scrap 132,02,800 won was acquired by deception.

Summary of Evidence

"2018 Highest 1011"

1. Statement by the defendant in court;

1. Statement I in the protocol concerning the interrogation of the accused by the prosecution;

1. Protocol of the police statement with regard to B "2018 Highest 1517";

1. Statement I in the protocol concerning the interrogation of the accused by the prosecution;

1. Statement made by the police with H;

1. Each investigation report (with respect to the suspect's telephone conversations, submission of E data, confirmation of the transaction details of passbook A and the details of approval of outstanding accounts to the Bank of Korea, regarding the suspect A credit information inquiry); and

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;

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