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(영문) 부산지방법원 2012.11.22 2011고단8594
사기
Text

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

Reasons

Punishment of the crime

On December 2, 2010, the defendant purchased tax-free oil equivalent to KRW 100 million to the victim E and supplied it to the company that he knows that the trade name in Nam-gu Busan is unknown.

Based on the 50 million won, 12 million won and 12 million won will remain within 2 months, and 20 million won and 50 million won and 50 million won, respectively, invested and 200 million won, respectively.

However, even if the Defendant received money from the victim as a tax-free investment, he did not have the intent or ability to purchase the tax-free oil, and even if he purchased the tax-free oil, he did not have any gas station to store it.

Nevertheless, the Defendant made a false statement as above and received KRW 50 million from the victim to the F account in the name of the F under the pretext of investment on March 4, 2011.

Summary of Evidence

1. Partial statements of the defendant in the sixth protocol of trial;

1. Some of the suspect interrogation records of the defendant by prosecution (including the E substitute part);

1. Application of Acts and subordinate statutes to a copy of a bankbook;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting an offense, Article 347 (1) of the Criminal Act concerning the selection of penalty,

1. A person subject to the application of the standards for punishment and punishment [decision of type] among the fraud crime groups, who has no special mitigation (a person subject to a special mitigation) of types 1 (less than KRW 100 million): No person subject to the punishment: A person subject to the punishment shall be sentenced to the punishment as shown in the order, by comprehensively taking into account the person subject to the special imprisonment and the person subject to the general punishment within the scope of the recommended punishment determined (decision of sentence] no person subject to the punishment, who has been sentenced to imprisonment with prison labor for six months from one year to six months [a person subject to general mitigation]: A person subject to the punishment for whom there has been no serious reflective punishment:

2. Application of the criteria for the suspension of execution [main reasons for the suspension of execution]: The main reason for non-existence of the reasons for suspension of execution: Non-agreement (decision on the area of recommendation) and the suspension of execution in which both the sentence are available;

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