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(영문) 광주지방법원 목포지원 2016.12.01 2016고단688

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On October 2, 2012, the Defendant will install one radar in E (victimed fishing vessel of the injured party) within two weeks, in advance, at C office located in Heposi-si B, in a manner that is located in Heposi-si B, in advance to the injured party D.

The term "the expression was false."

However, at the time, even if the defendant received money from the victim as a prepaid payment, he did not have the intent or ability to establish the radar for the victim.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 3 million in cash from the victim on October 2, 2012, and received KRW 10 million from the bank account in the name of the F Bank (G) operated by the Defendant on the same day, and acquired KRW 13 million in total.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Each police statement concerning D;

1. Application of Acts and subordinate statutes to the certificate of request for withdrawal, each letter, and copy of passbook, and each investigation report;

1. Grounds for sentencing of imprisonment with labor, pursuant to applicable law of criminal facts, Article 347 (1) of the Criminal Act of the choice of punishment;

1. Standard for sentencing [the range of recommending punishment] the basic area (six months to one year and six months) of types 1 (less than 100 million won) general fraud (no special person shall be punished);

2. A sentence shall be imposed, in consideration of the fact that the defendant has no record of punishment exceeding a fine, but has been punished for a crime under the same Act in 2014 and 2015, and that he/she has not received a letter from a victim or has not recovered from damage even after a long time has passed since the crime committed;