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(영문) 전주지방법원 2015.11.25 2015고단1716
사기
Text

A defendant shall be punished by imprisonment with prison labor for four 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

Around August 4, 2012, the Defendant was engaged in construction business. Around August 4, 2012, the Defendant made a false statement to the effect that “The Defendant would pay the amount of oil paid to the victim on the 10th day of each month when he/she supplies the oil to the passenger car and sckes.”

However, at the same time, there was no intention or ability to repay the oil from the victim even if the oil was supplied by the victim due to the lack of business from around December 2012.

From August 4, 2012 to May 2, 2013, the Defendant received approximately KRW 7,080,000 from the victim, as indicated in the list of crimes.

Accordingly, the defendant, by deceiving the victim, acquired a substantial pecuniary benefit to the oil payment.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement regarding C;

1. Application of the Acts and subordinate statutes to the complaint;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act [Scope of Recommendation] General Fraud (less than KRW 100,000) and there is no basic area [6-10,000] [6-1,00 won] [6-1,00 won] [6-1,00 won] [4 months] and 4 months of imprisonment, 1 year of suspended sentence: The amount of damage to the crime of this case is not higher than the amount of damage, partial repayment, and the defendant

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