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(영문) 광주지방법원 2015.08.12 2015고단876

사기

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On April 2012, the Defendant and B concluded that “E” offices for the operation of the Victim D, which were located in Young-gun, Young-gun, Young-gun, Young-gun, and that “If the Defendant lent KRW 50 million to the victim, the Defendant would have repaid KRW 70 million to the victim until May 25, 2012.” The Defendant concluded a contract for a dry field of KRW 12,000 and KRW 8,000 of the dry field located in the Jeon Chang-gun, Young-gun, Chungcheongnam-gun, Young-gun, Jeon Chang-gun, Seoul, with the amount of KRW 12,00 and KRW 8,000, and if the money is not repaid, it would have to transfer the dry field

However, the Defendant and B, while trading agricultural products, did not have any specific positive property.

In addition, in the case of the dry field 12,00 square meters which is located in Chang-gun, the defendant could not repay the money to the defendant, because the defendant purchased the money jointly with H, the defendant could not dispose of it.

Furthermore, there was a little loss that is not good in agricultural products even before.

Ultimately, the Defendant and B did not have any intention or ability to complete payment even if they borrow money from the victim.

Nevertheless, on April 9, 2012, the Defendant and B got transferred KRW 50 million to the account of community credit cooperatives (Account Number I) in the name of B around the victim, by deceiving the victim as above.

In this respect, the defendant and B acquired money by deceiving the victim in collusion.

Summary of Evidence

1. Each legal statement of the defendant and B;

1. Statement D in the suspect examination protocol of the defendant and the prosecutor about B;

1. Statement to J police officers;

1. Application of Acts and subordinate statutes on a written confirmation of details of transactions, a sales contract, a receipt, a contract cultivation and sales contract for agricultural products, a sales contract for agricultural products, a statement of accounts transaction (B), and a

1. Relevant statutory provisions for criminal facts and Articles 347(1) and 30 of the Criminal Act for the reasons for sentencing [the scope of recommending punishment] under the sentencing guidelines for general fraud [the scope of recommending punishment] and the basic area (6 months to 100 million won) (6 months) (1) of the criminal defendant has no basic area (6 months to 100 million won) (1). The method of preparing a contract (18 pages of investigation records) different from the actual criminal facts.