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(영문) 창원지방법원 진주지원 2013.11.26 2013고단895

사기

Text

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

Reasons

Punishment of the crime

On December 20, 2012, around 09:30 on December 20, 2012, the Defendant made a false statement to the victim’s “D” feed retail store office in Sacheon-si B that “I operate a fish farm under the Decree of Nacheon-si, and supply feed to E in the fish farm.” On the other hand, the Defendant made a false statement to “I wish to buy money to E in return for gift to E wife.”

However, the fact that E does not operate a fish farm, and the defendant thought that he would use it for personal purposes, such as repayment of borrowed money, even if he received money from the victim, so he did not have the intention or ability to supply feed to the victim.

On December 21, 2012, the Defendant received 500,000 won from the victim to the account of community credit cooperatives of the Defendant.

As above, the Defendant, from December 21, 2012 to January 9, 2013, received a delivery of KRW 35,000,000, by deceiving the victim as shown in the annexed crime list, as in the attached crime list.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes on details of passbook transactions;

1. Relevant Articles of the Criminal Act and the reasons for sentencing under Article 347 (1) of the Criminal Act;

1. Scope of recommended sentences according to the sentencing criteria;

(a) Determination of types: Type 1 of general fraud (less than KRW 100 million) among the fraud crime group;

(b) A special breeder: No person;

(c) Scope of recommendation: Imprisonment with prison labor for not less than six months but not more than one year and six months;

2. It shall be sentenced to the same sentence as the order in consideration of the fact that damage has not been recovered from the sentence;