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(영문) 춘천지방법원 영월지원 2011.10.14 2011고단195

사기

Text

A defendant shall be punished by imprisonment for six months.

The defendant shall pay 42,761,310 won to the applicant for compensation by deceit.

3.2

Reasons

Punishment of the crime

Around June 13, 2010, the Defendant made a false statement to the effect that “The Defendant would supply 280 tons of a high-level troke to the victim B manager E through an agricultural product broker D through the agricultural product broker,” which reads that “the Defendant will supply 4 million won to the high-level troke-level 280 tons of a high-level troke.”

However, in fact, the Defendant did not cultivate a ship directly, and there was no fact that the Defendant entered into a purchase contract with a cultivation farmer, and there was no intention or ability to supply a ship with a high-level 280 tons of the above money even if it was paid by the victim even if it was not possible to purchase a high-level trokeel with the above money around that time.

The Defendant, on June 15, 2010, remitted 10 million won to the Defendant’s account via the above D around June 15, 2010, and received KRW 2 million from July 16, 2010, KRW 1 million around August 6, 2010, KRW 3 million around August 27, 2010, and KRW 28 million around September 14, 2010 from the Defendant’s account.

Accordingly, the defendant was given property amounting to 44 million won by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A suspect interrogation protocol of D;

1. Each police statement of E;

1. Inquiry into the results of transfer management;

1. Application of Acts and subordinate statutes to petition for complaint and accompanying documents;

1. Article 347 (1) of the Criminal Act applicable to the crimes;

1. Articles 25 (1), 31 (1), (2) and (3) of the Act on Special Cases concerning the Promotion, etc. of Orders for Compensation and Sentence of Provisional Execution;