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(영문) 수원지방법원 안양지원 2016.07.21 2016고단197
사기
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

However, the execution of the above sentence shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 5, 2016, the Defendant was sentenced to a suspended sentence of one year and six months of imprisonment for embezzlement at the Suwon Friwon, and the judgment became final and conclusive on February 13, 2016.

On August 8, 2012, the Defendant received a request from the victim C in Seocho-gu Seoul with the victim C in the store of golf products in Seocho-gu, Seoul, to “to en 251 straw golf,” and “the consignment sale is different.” On September 2012, 2012, the Defendant would exchange the phone with the victim with “the products that are difficult to sell without delay.” As such, it would not be easy for the Defendant to enrolize the golf white within three days on the face of the week.”

“A false statement” was made.

However, even if the defendant received a white paper from the injured party, he did not want to dispose of it at will and use it as the name of the defendant's personal debt repayment, etc., and did not have any intention or ability to exchange it with the Symar and Symar.

On September 7, 2012, the Defendant received from the injured party a set of golf 251 bits of the total market value of KRW 16,566,00 from the warehouse located in D at P at P at P at P at P, P, on September 7, 2012.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Part concerning C’s statement of the suspect interrogation protocol against the defendant in the prosecution;

1. Each police statement made to E, F, and C;

1. Investigation report (G, E, F Telephone investigation, etc.);

1. A statement of transaction, a sales price list, a business registration certificate, and a summary statement;

1. Previous records: Application of investigation reports (Attachment to suspects, G-related criminal decisions, etc.);

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. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 62(1) of the Criminal Code of the Suspension of Execution (the defendant confessions and reflects the crime of this case).

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