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(영문) 창원지방법원 진주지원 2017.05.17 2016고단419

사기

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

The defendant is a company called (State) C, who has attempted to operate an electric saving device business, and the victim D is a person engaged in the manufacturing business.

The defendant from March 2014 to the same year

4. From January 1, 2015, the agent deposit amounting to KRW 100,00,000 is paid to the agent, the agent is paid to the agent, and the agent is paid to the agent, and the agent is paid KRW 10,00,00,000 to the agent, and the agent is paid to the agent and the agent is paid to the victim on several occasions in the vicinity of the “F” factory where the victim is working in the wife E and to the victim on several occasions, and the agent is paid to the victim at least 90% of the electricity reduction devices that reduce the electricity amount as joint representatives of B, G, H, I, and J. Da.

However, at the time of fact, the development of the above electric saving device was not completed, and there was no fixed agency operation, and there was no other person or agency contract with another person. Therefore, even if the defendant receives money as an agency deposit, he did not have the intention or ability to operate the agency that sells the electric saving device to the victim.

Nevertheless, the Defendant: (a) by deceiving the victim as above; and (b) transferred the victim’s money as an agency deposit from the victim to the company bank account in the name of the victim; (c) obtained the money totaling KRW 100,000,000 on April 14, 2014; and (d) obtained the money from the victim to the company bank account in the name of the Defendant.

Summary of Evidence

1. Each testimony of witness D, G, I, and H;

1. A certificate verifying body of another person or a certificate of request for deposit of another person;

1. Details of text messages and the application of Acts and subordinate statutes governing recording;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense, Article 347 (1) of the Criminal Act concerning the selection of punishment, and reasons for sentencing of imprisonment;

1. Types of crimes subject to the sentencing guidelines: The range of offenses (type 2) by which 100 million won or more, and the range of recommended sentences less than 500 million won: one year or 4 years (basic areas);

2. Determination of sentence shall be obtained by deceit;