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(영문) 광주지방법원 순천지원 2016.04.06 2015고단1452

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On June 29, 2012, the Defendant, at the E Office located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, where the Defendant and the Victim F, engaged in the processing and supply transaction of piracy, secured one of them as “ soon as two of the Russia Sea Containers was entered,” and securing one of them.

The phrase “to supply the Russia Sea 300 million won on the face of the week, and to return money until July 30, 2012 if the supply is not possible.”

However, there was no fact that the Defendant secured Russia Sea, and even if receiving the money from the injured party, there was no intention or ability to return the money by the due date, even if receiving the money from the injured party, so that there was no intention or ability to return the money.

As above, the Defendant, by deceiving the victim and deceiving the victim, received KRW 100 million from the victim on the same day, KRW 100 million on July 2, 2012, and KRW 300 million on July 7, 2012, and acquired through deception.

Summary of Evidence

1. Each legal statement of witness F and G;

1. Partial statement of the defendant;

1. A protocol concerning the examination of suspect of H, F, or the defendant by the prosecution;

1. A protocol concerning the examination of suspect of the police against H, F, or G;

1. Each police statement made to F and I;

1. A victim's account, receipt, etc., notarized document, H account details, remittance increase, copy of passbook, contract document, account details, transaction details with the defendant, product supply contract, certificate, and delivery book;

1. Application of Acts and subordinate statutes in the name of J or a notice of completion of registration;

1. Determination as to the assertion by the relevant Article of the Criminal Act, Article 347(1) of the Criminal Act regarding criminal facts, the Defendant of the choice of imprisonment, and defense counsel

1. The defendant and his defense counsel's assertion that he received KRW 300 million from the injured party as the price for the supply of the piracy, but there was no intention to acquire it by deception.

2. The intent of defraudation, which is a subjective constituent element of the relevant legal principles, is like the re-performance of the accused before and after the crime, the environment, the contents of the crime, and the process of transaction, unless the accused is led to confession.