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(영문) 광주지방법원 해남지원 2019.05.09 2017고단171

사기

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

1. Around January 8, 2016, the criminal defendant against the victim B stated, “The victim would supply the victim with the 300,000 s of the s of the s of the s of the s of the s of the s of the s of the s of the s of the s of the s of the s of the s of the s of the ss of the s

However, in fact, the Defendant had a debt of approximately KRW 300 million and had no particular property or income, and thus, there was no intention or ability to pay the price even if the Defendant was supplied with the preceding return from the victim.

In other words, the Defendant, by deceiving the victim as above, obtained from the victim the total sum of KRW 120,000,000,000,000 from the market value, and acquired it by deception.

2. On January 13, 2016, the criminal defendant against the victim D said that “The victim would pay the victim KRW 10 million to “F cafeteria” located in the Jeonnam-gun E, Jeonnam-do, and would collect and supply natural booms up to February 8, 2016, in Jeju-do.”

However, the Defendant did not have any intent or ability to recover natural mountain uniform and supply it to the victim even if it is economically difficult for the Defendant to recover natural mountain uniform as above, since it is necessary to preferentially prepare living expenses by selling it in other places. Accordingly, even if it is paid money from the victim.

Around January 14, 2016, the Defendant, by deceiving the victim as above, obtained from the victim the post office account in the name of G that the Defendant designates from the victim and acquired by defrauding the victim KRW 10 million.

Summary of Evidence

1. Partial statement of each prosecutor's protocol of examination of the defendant against the defendant;

1. The prosecutor's statement concerning H;

1. Each police suspect interrogation protocol on D or B;

1. Each investigation report (the sequence 8, 15, 16 of the evidence list);

1. Application of each statute on filing of a complaint;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;