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(영문) 광주지방법원 순천지원 2013.08.08 2013고단1114

사기

Text

Defendant shall be punished by a fine of seven million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

While operating “D”, the Defendant supplied fishery products to “H” operated by the Victim F in Nam-gu, Gwangju, with her husband, with G.

At around 06:00 on December 10, 2012, the Defendant called the victim and the above G with the IF loan 3rd 503 p.m. Around 06:00, the Defendant entered into a contract with the victim and the above G to purchase at approximately KRW 500 to KRW 700,00. However, the Defendant would receive money from a cigarette holder and receive money from the cigarette holder in return for the transfer of money, and then, the Defendant would bring the goods at least 30,856,000 p.m. total amount of KRW 5,230 p.m. on deposit at KRW 30,856,00.”

However, there was no intention or ability to supply abortions at a price lower than the market price even if the defendant entered into a contract with a person with a remoteness and received money from the victim.

Nevertheless, the Defendant, at the end of the foregoing time, received 101,205,600 won, in total, on four occasions, including KRW 30,856,00 on December 13, 2012, KRW 28,616,00 on the part of the Defendant’s children, and KRW 11,616,00 on the 16th day of the same month, KRW 30,117,60 on the 17th day of the same month, and KRW 101,205,60 on the 17th day of the same month.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Details of financial transactions;

1. Application of Acts and subordinate statutes on transaction account books;

1. Article 347 (1) of the Criminal Act and Article 347 of the same Act concerning the applicable criminal facts, the choice of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. In the course of the transaction of supplying a victim with a reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, it is impossible to timely supply a victim with a remote price due to the increase in the value of the mountainous district.