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Reasons
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(영문) 창원지방법원 진주지원 2013.12.30 2012고단1929
사기
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A defendant shall be punished by imprisonment for not more than ten months.

The defendant shall pay 54,00,000 won as agreed upon to the applicant for compensation.

Reasons

Punishment of the crime

On September 23, 2011, the Defendant stated that “A victim C in Ha-dong, Ha-dong, Ha-dong, both of which exclusively sold organic farming ground in the south of Korea and Jeonnam. The Defendant loaned KRW 50 million for purchase of organic farming ground and business funds, such as personnel expenses for business employees.” The Defendant said that “I will repay up to May 31, 2012 if I lend.”

However, the defendant did not have a total sales right at all, and had been bad credit since September 2010, and even if he borrowed money from the victim, he was thought to be used for personal purposes such as repayment of debts and living expenses.

The Defendant, by deceiving the victim as above, received KRW 50 million from the victim to the Agricultural Cooperative (F) account of E on the same day.

Summary of Evidence

1. Statement of the accused in the fourth protocol of trial;

1. Statement C in the suspect examination protocol of the accused by the prosecution;

1. Each statement of C among the police interrogation protocols of the first and third police officers against the accused;

1. Statement to C by the police;

1. C Complaints;

1. A copy of a bankbook and a detailed statement of transactions;

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

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. It shall be sentenced as ordered in consideration of the following: (a) the reason for sentencing under Articles 25(1), 5(2) and 31(3) of the Act on Special Cases concerning the Promotion, etc. of Compensation Orders and Declaration of Provisional Execution Sentence: (b) the accused has led to the confession of a crime; (c) the defrauded has no same power; (d) the amount of fraud is not much than KRW 50 million; (e) the damage is not completely recovered

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