logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2016.09.02 2016고정586
사기
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On February 25, 2015, the Defendant made a false statement that “The Defendant would supply the Victim B with 50,000 won of raw materials of red ginseng products produced as industry-academic cooperation tasks.” The Defendant paid 3,50,000 won of red ginseng raw materials to the Victim B at the office of the Seodong-dong Han field University, Seodong-gu, Daejeon.

However, even if the defendant is to receive the payment of raw materials, he did not have the intention or ability to supply red ginseng raw materials.

The Defendant, by deceiving the victim as such, received 3.5 million won from the victim as the price for red ginseng raw materials, and acquired it through a grass leaf account in the name of the agricultural company.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to a complaint, copy of certificate of confirmation, and tax invoice;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is against the defendant, and the fact that the defendant seems to have difficulty in economic situations as a recipient of basic livelihood security is favorable to the defendant.

However, the fact that the victim's damage has not been recovered, the fact that the victim committed the crime of this case again in the name of four times, such as embezzlement and fraud, is disadvantageous to the defendant.

In full view of such circumstances and other circumstances as the conditions for sentencing as shown in the record and arguments, the sentence shall be determined as ordered in consideration of the amount of the fine imposed by this court and by each court of the whole country in a similar case.

arrow