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(영문) 서울서부지방법원 2016.10.12 2016고단1492

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On June 16, 2015, the Defendant concluded that “In cash, the Defendant would sell 40,000 liters below the market price of the transit 45,60,000 won” to the victim D under Article 714 of the Yeongdeungpo-gu Seoul Metropolitan Government C Building, Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “C building”). On the same day, the Defendant would immediately supply the transit on the day’

However, even if the defendant receives money from the victim, he did not have the intention or ability to supply 40,00 liter via the victim.

As such, the Defendant, by deceiving the victim, received the cash amount of KRW 45.6 million from the victim, that is,, by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes confirming suspect A preparation;

1. The relevant legal provisions on criminal facts, Article 347(1) of the Criminal Act of the choice of punishment, the reason for sentencing of sentence of imprisonment [the scope of recommendation] General Fraud / [the sentence] / [6-1 year and six months] of the basic area (the sentence of less than 100 million won] / although the victim intended to use the money received from the victim for any other purpose at all, planned crimes, such as deceiving the victim by acting in F, a woman under the name of the petroleum business operator (the investigative record 29-31, 33, 89) and deceiving the victim (the remaining money excluding KRW 17 million out of the amount of damage (the investigative record 29-31, 33, and 89) did not return to the present day, in light of the criminal records, etc., the sentence shall be imposed, and the sentence shall be imposed in consideration of the criminal records,