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(영문) 광주지방법원 목포지원 2017.12.22 2017고단992

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant, at around September 21, 2015, at the office D office operated by the Defendant in Sinpo City, on September 21, 2015, would pay the victim F, who was engaged in distribution business under the name of E, with the phone to “AFG” (hereinafter referred to as “MFG”) in the name of D, who received the payment for the fee from MFG, and then paid the fee for the restriction from the 20th to the 25th of that month.

“The phrase “ was false.”

However, there was no intention or ability to pay the above amount to the victim due to the fact that the Defendant had the victim supply the increased amount and the large amount to the MFG at the time, and it was thought that the amount received from MFG was used for its own business expenses, living expenses, personal debt repayment, etc. In addition, there was no intention or ability to pay the above amount to the victim due to the circumstance that the Defendant paid approximately KRW 480,000,000 and KRW 4.5 million with monthly interest, etc.

Nevertheless, the Defendant, by deceiving the victim as such, had the victim deliver a total of 4,1960,000 won and a total of 4,1960,000 won from October 2 of the same year to July of the same month, and received the payment from MFG, but did not pay it to the victim, thereby acquiring property benefits equivalent to the same amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of the Act and subordinate statutes to organize and report the current status of D transactions, the details of deposits in MNF Korea, the settlement details of D supply payment, the detailed statement of deposit transactions (Evidence No. 14), the increase and the payment details of Matris, and the details of Matris

1. Grounds for sentencing under Article 347 (1) of the Criminal Act in relation to the relevant criminal facts and the choice of punishment;

1. The scope of the recommended punishment on the sentencing criteria [the scope of the recommended punishment] general fraud (less than KRW 100 million) and the basic area (from June to one year and six months) (the person who is subject to special sentencing) of the sentencing criteria;

2. Determination of sentence: the defendant's six months of imprisonment recognized the crime of this case and reflects it shall be favorable to the defendant.