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(영문) 창원지방법원 통영지원 2017.01.19 2016고단1496
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 3, 2013, the Defendant, at a restaurant located in Tong Young-si, ordered the victim D to receive the water supply of pipes directly ordered by the vessel owners of vessels built in the Hyundai Heavy Industries Marine Business Department.

In the end of several weeks, money was required to make an investment.”

However, in fact, the defendant did not have any ability or intention to receive pipelines from the owner of the ship.

On August 13, 2013, the Defendant, by deceiving the victim, received KRW 10 million from the victim to the City Bank E account under the name of the Defendant on August 13, 2013, and received KRW 7 million on August 23, 2013, and acquired KRW 3 million on September 16, 2013, and KRW 2 million on September 23, 2013 from the victim to the said account under the name of each investment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Complaint;

1. Application of Acts and subordinate statutes on details of each account transaction, a contract for use, and mail contents;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The basic area (from June to June) of the sentencing criteria [the scope of the recommended punishment] and the basic area (from June to June) of the type No. 1 of the general fraud (the scope of the recommended punishment is less than KRW 100 million) (the person who has no special sentencing seal);

2. Specific grounds for sentencing did not agree with the victim when the amount of damage caused by the instant crime was at least 22 million won, and the victim deposited KRW 5 million in the victim's future (a deposit written by the victim on January 17, 2017). The defendant's mistake was recognized by the defendant, and the defendant has not been tried for the same kind of offense, and the defendant is judged as ordered on the grounds that he was sentenced to punishment by taking into account the defendant's age, sex, environment, circumstances leading up to the commission of the crime, means and consequence, and circumstances after the crime, etc., as prescribed in Article 51 of the Criminal Act.

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