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(영문) 대구지방법원 의성지원 2017.09.28 2017고단194
사기
Text

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

Reasons

Punishment of the crime

On January 12, 2017, the Defendant was sentenced to imprisonment with prison labor for one year and two months for fraud in the Daejeon District Court Branch of the Daejeon District Court on January 12, 2017, and the said judgment became final and conclusive on January 20, 2017.

On February 15, 2016, the Defendant made a false statement to the effect that, even if the Defendant was supplied with goods on credit from the victims, the Defendant did not have the intent or ability to pay the credit amount even if he was supplied with goods on credit from the victims, and even if the victims were to have the victims trusted the Defendant, the Defendant’s employees E did not have the intent or ability to pay the credit amount even if he was supplied with the food materials continuously from the victims, the Defendant received a false statement to the effect that “the Defendant would pay the credit amount if he would deliver the food materials” from February 15, 2016 to March 28, 2016 from the victims to the G staff Co., Ltd. in charge of the operation of the victim F, Ltd., the Defendant received the total amount of KRW 91,170,000,000 from the victims, including the total market price of the food materials, such as inciting, collected, etc., to the extent of eight days from March 16, 2016 to 17.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to H;

1. Each police statement concerning I, J, K, and L;

1. Each statement of M, N,O, P, Q, R, S, and T;

1. A copy of U’s statement;

1. Investigation report (specific statement on a lot or the amount of damage caused by a place of business in a tent or a stock company);

1. Each business registration certificate, details of delivery, etc.;

1. Records of the judgment: Application of Acts and subordinate statutes, such as a reply to inquiries, such as criminal history, a related list of cases attached to a criminal suspect and a criminal investigation report (to attach the same criminal records and to review concurrent crimes after Article 37 of the Criminal Act);

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

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

1. Article 37 of the Aggravation of Concurrent Crimes Act.

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