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(영문) 대전지방법원 2015.02.13 2014고단3874

사기

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

Around March 9, 2011, the Defendant entered into a contract for the purchase of trees (i.e., KRW 30 million) with the victim D’s office located in Daejeon Seodong-gu, Daejeon, stating that “The Defendant would deliver to the victim a trees of KRW 1,340,00 as contract money, up to July 15, 201, 201.” The Defendant entered into a contract for the purchase of trees (i.e., KRW 1,340, 300, contract deposit, KRW 30,000, KRW 30,000, KRW 238,940,000, KRW 238,940,000, KRW 30,000, KRW 30,000, KRW 30,000,000 on March 10, 2011.

Even if the Defendant received money from the victim, he did not have the intent or ability to supply trees necessary for landscaping works, and by deceiving the victim, he/she received 30 million won from the victim as the down payment on the same day from the victim to the Agricultural Cooperative Account (Account Number: G) in his/her name.

Summary of Evidence

1. Defendant's legal statement;

1. Article 347 (1) (Selection of Imprisonment), the applicable law for the crime subject to the application of the written statement by the police officers, and the choice of punishment: The reason for sentencing of Article 347 (1) of the Criminal Act [the scope of recommending punishment] (the scope of punishment), fraud (type 1), the basic area, six months to one year and six months (the decision of sentence] imprisonment with prison labor for not less than four months, and the date 30 million won was remitted from the victim who was not subject to any criminal punishment not less than twice a fine for four months from the date of transfer for other purposes; no effort is made to recover damage even after four years have passed since the crime was committed; substantial damage (class 26.3 million won); and social ties are unclear;