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(영문) 창원지방법원 진주지원 2018.06.26 2018고단132

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

around September 2015, the Defendant, at the Gyeongnam-gun, Gyeongnam-gun C, sold to a third party pine 7 weeks, and then paid 50% of the remaining profits from the profits. As such, the Defendant falsely referred to as “a request for KRW 38 million as down payment”, which was planted to the victim D in the above place.

However, the Defendant, even if receiving money from the injured party, only thought that he would use the money to repay his personal debt, and the Defendant did not obtain the consent of the residents of the above village at the time, and only stated that the above head of the above village “I am going to grant the permission for the extraction of trees.” The Gun Office stated that “I am to get the permission for the extraction of trees” from this Chapter, and that “I am to get the permission for the extraction of trees.” On the other hand, the above mountainous district was owned by the Gun office of the Busan Gun, and even with the consent of the residents, it was impossible to obtain the permission for the extraction of trees, so the Defendant did not have the intent or ability to pay the profit by disposing of the pine trees.

As above, the Defendant: (a) by deceiving the victim; (b) obtained money from the victim on September 8, 2015; (c) KRW 15 million on September 23, 2015; (d) KRW 38 million on November 3, 2015, including KRW 38 million on November 3, 2015; and (e) obtained money from the victim to the post office account in the name of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Police statements made to E and F;

1. Complaint;

1. A copy of trading contract, etc.;

1. Account details;

1. Photographs of dyshoe;

1. A report on investigation;

1. Investigation report (verification of the H's statement in charge of G in the Si/Gun/Gu and submission of data);

1. Investigative reports (the results of execution of a warrant of search and seizure applied to the financial account trends), and inquiry into details of financial transactions;

1. Previous convictions in judgment: Inquiry about criminal history, summary order, and application of the text of the judgment;

1. Article 347(1) of the Criminal Act, Article 347(1) of the Criminal Act, the reason for sentencing of sentence of imprisonment with prison labor - Circumstances unfavorable to him/her: repetition of the same crime, nonagreement - favorable circumstances: Confession of the crime and