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(영문) 광주지방법원 해남지원 2018.09.13 2018고단178
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the defendant shall be sentenced to the above punishment for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 2013, the Defendant would immediately pay the design cost to the CF office of the Defendant’s operation in South west-gun, the South west-gun, the South west-gun, where the Defendant selected an auxiliary gold business operator and intended to keep agricultural products from a factory and a low temperature warehouse in the previous west-gun E.

“The phrase “ was false.”

However, due to bad credit standing, the Defendant was unable to prepare self-charges equivalent to one billion won necessary for the construction of the above factory. Therefore, even if the victim was designed, the Defendant did not have the intent or ability to pay the price.

However, the Defendant deceiving the victim as above and let the victim design the above low temperature warehouse until October 2013, but did not pay the amount equivalent to 115,343,800 won to the victim, thereby acquiring the same amount of pecuniary benefits.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against the F;

1. Statement made by the police against D;

1. A copy of a construction design contract, a letter of payment for design service, or a copy of an order for payment;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Application of the sentencing criteria [the scope of the recommended punishment] General Fraud (the amount of punishment shall be at least KRW 100 million, and the amount shall be less than KRW 500 million): Imprisonment with prison labor for not less than 10 months to 2 years and 6 months (the amount of special mitigation)

2. The decisions of sentence are highly likely to have property profits gained by deceiving the victims;

On the other hand, however, the defendant recognizes all of his mistake and reflects.

The defendant made efforts to recover damage and the victim does not want to punish the defendant.

The defendant has no record of punishment for the same crime.

In addition, in consideration of the age of the defendant, the circumstances of the crime, and the circumstances after the crime, etc., all the sentencing reasons indicated in the instant trial proceedings are considered as ordered.

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