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(영문) 대전지방법원 논산지원 2016.07.05 2015고단680

사기

Text

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

Reasons

Punishment of the crime

The Defendant, at around April 2015, at the victim D’s swimmings located in Chungcheongnam-gun, Chungcheongnam-gun, the end of which, “E Farming Partnership has a fixed business partner in this Ireland, which is a large enterprise, and may receive the victim’s money more than other places.

The head of the E Farming Cooperative will sell to this Ireland in the name of the E Farming Cooperative to settle the sales price of the gambling.

“.......”

However, in fact, the Defendant was not an employee of the above E Farming Cooperative, and the Defendant, not in the name of the E Farming Cooperative, was aware of the fact that he had been supplied with the above E Farming Cooperative and was trying to sell gymbling to F, etc. under the name of the Defendant, not in the name of the E Farming Cooperative, and the said E Farming Cooperative

The Defendant, as such, by deceiving the victim, received 1,827 handblings equivalent to KRW 15,338,332 at the market price from the victim on May 16, 2015 and around 17, from the victim, and received 1,827 handblings from the victim on May 16, 2015 to May 25, 2015 by the following methods: (a) as described in the list of crimes in the attached Form, three times from the total number of the victims, the Defendant received 46,59,149 handblings worth KRW 46,59,152 at the market price.

Accordingly, the defendant was informed of the victims to receive property.

Summary of Evidence

1. Each legal statement of witness G and H;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. A protocol concerning interrogation of the police officer in relation to G (in case of complaint D, I interrogating);

1. Each police statement made against J, K and L;

1. Report on transaction by period (Submission of suspect A);

1. A detailed statement of the work for screening each water course jointly, and a detailed statement of accounts for each water-saving;

1. Application of Acts and subordinate statutes to a report on investigation (calculated amount of damage to victim I);

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. The reason for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes is as follows: (a) the total amount of damage inflicted by the victims of the instant crime reaches KRW 4,600,000,000, not later than now, damage recovery or victims.