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(영문) 대전지방법원 2021.02.18 2019고단4854
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal record] On July 4, 2019, the Defendant was sentenced to a suspended sentence of four months of imprisonment for fraud at the Daejeon District Court, and the judgment became final and conclusive on July 12, 2019.

[2] The Defendant, at the office of the victim B’s office located in the petition-gu C around March 11, 2019, shows that the employee in charge of the victim’s company is the E director A, and “in Korea, I want to make the D general sales.”

A false statement was made to the effect that “to pay the price if the fishing goods are supplied.”

However, the defendant was not a director E and did not have the intention or ability to pay the price normally to the victim even if he was supplied with fishing goods from the victim.

As above, the Defendant, as well as the Defendant, by deceiving the victim and being provided with fishing goods equivalent to KRW 9,967,600 at the market price on the same day from the victim. From around that time to April 2019, the Defendant, as described in the list of crimes, by deceiving the victims on three occasions, was provided with property equivalent to KRW 15,725,60 in total.

Summary of Evidence

1. A criminal investigation report (H president I telephone conversations), investigation report ( telephone conversations between the person concerned with the case), total sales contract ( telephone conversations between the person concerned with the case) and previous criminal records as stated in the statement: A criminal investigation report (the period during which the criminal suspect was suspended, the fact that the person concerned was latter concurrent crimes) and the result of inquiry, and the application of Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the facts constituting an offense (the establishment of one crime by sequence of circulation of crimes in annexed hereto, and the choice of imprisonment);

1. Subsequent to Article 37 of the Criminal Act concerning the treatment of concurrent crimes: Provided, That Article 39 (1) and Article 55 (1) 3 shall apply;

1. The aggravated punishment for concurrent crimes is prescribed in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes stipulated in the attached Table No. 1 of the most severe crime committed);

1. Facilitation of a lawsuit to dismiss an application for compensation under Article 62(1) of the Criminal Act (the following circumstances considered as favorable among the reasons for sentencing).

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