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(영문) 춘천지방법원 원주지원 2017.10.12 2016고단247

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

Around November 16, 2015, the Defendant concluded a contract with the said victim to purchase the telecom amounting to KRW 2.75 billion, without having an intention or ability to purchase the telecom, and concluded a contract with the victim C to pay the down payment of KRW 1.4 billion on November 24, 2015, and paid the remainder of KRW 1.35 billion on November 30, 2015, and to receive and operate the telecom in Won-siD from December 1, 2015 to December 1, 2015, with the purport that “the Defendant would receive and operate the telecomtory in Won-siD” to the effect that “the Defendant would purchase the telecom amounting to KRW 2.75 billion with the said victim and the said telecom amounting to KRW 2.7 billion from 2.7 billion on the same month to 2.7 billion from 2.7 billion on the day of acquisition of the precomtory amounting to KRW 1.7 billion from 2.7 billion on the same month.4 billion.”

Summary of Evidence

1. The defendant's oral statement in the first trial record;

1. Statement made by the police against C;

1. A copy of a trading contract;

1. Details of forged financial transactions;

1. A copy of the franchise business site;

1. Contents of the text sent by the recipient;

1. Application of Acts and subordinate statutes to detailed statements, such as electricity charges;

1. Where the relevant legal provisions on criminal facts, Article 347(1) of the Criminal Act on the selection of punishment, the reasons for sentencing of sentence of imprisonment [the scope of recommendation] [the grounds for sentencing of sentence] of Article 1 of the Act on the Punishment of Specific Fraud (one to two years and six months) [Special Aggravation] of the Act on the Punishment of Specific Crimes is very poor, or the court commits fraud by deceiving the court in the trial proceedings [the decision of sentence] of a criminal defendant, and there is no record of criminal punishment exceeding a fine exceeding a fine. However, there is no record of criminal punishment, the defendant acquired the victim by deceiving the victim without the intention or ability to take over the telecom, thereby acquiring pecuniary benefits of 17 million won, and the nature of the crime is poor by using the details of account transactions altered in this process, and the same type of crime is five times or more.