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(영문) 광주지방법원 2016.06.23 2015고단4548

사기등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant of 2015 Godan 4548 was aware of his/her knowledge at the place of warning on February 2012.

The victim "D Co., Ltd.", which is known through C, will sell pine trees planted in Gwangju Mine-gu F, etc. to 500,000 won per share and deliver pine trees at the desired time.

Instead, it made a false statement to the effect that “The advance payment is required to pay the money rapidly.”

However, the defendant thought that he will use the money received from the injured party for the repayment of his other obligations, and even if he receives the money from the injured party, he did not have the intention or ability to deliver the tree at the time the injured party wants.

On March 30, 2012, the Defendant received 25 million won in total from the Defendant’s account in the name of G (Account Number H) Nong Bank (Account Number H) in the name of 50 weeks from the damage.

Accordingly, the defendant, by deceiving the victim, obtained money from the victim.

On February 4, 2016, the Defendant was sentenced to 6 months of imprisonment and 2 years of suspended execution on February 12, 2016 by the Gwangju District Court on February 4, 2016.

On February 15:00 on February 27, 2016, the Defendant, without a vehicle driver’s license, driven 10 km car from the front side of Pyeongtaek-dong elementary school located in Pyeongtaek-dong, Gwangju Mine-gu to the front side of the ambro-ray located in the same Gu line center.

Summary of Evidence

section 4548 of order 2015

1. Partial statement of the defendant;

1. Each legal statement of witness E, C, J, and K;

1. A protocol concerning the examination of suspect to the public prosecutor and the accused by the police (including the whole part of interrogation);

1. Each statement protocol made by the police against E and C;

1. A complaint, a tree trading contract, a certificate of deposit confirmation, a written complaint, a written statement of confirmation of contents, a written statement of mediation, a written statement of mediation, a written complaint, a statement of appeal, and details of account transactions (Evidence Nos. 1 through 5, 7, 11, 18, 20 of the evidence list);

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the police accused;

1. The driver's license register;