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(영문) 수원지방법원 2018.07.06 2018고단2914
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On January 30, 2016, the Defendant, from H H located in Singu in Singu in Singu around January 30, 2016, “The supply of land to the victimJ is different, and after the Gu administration, the Defendant would bring about KRW 1 to 200 million profits.

A false statement was made that “The payment of the price of the goods will be settled in full with profits.”

However, the Defendant was unable to prepare at all KRW 250,000,000,000, which is the acquisition price, in a situation where he/she had taken over and attempted to operate the business at the time, and thus, the Defendant was unable to sell the meat normally because he/she was unable to do so, and there has already been a situation where the obligation for the payment of the land for which he/she had not been repaid to other meat suppliers, such as L and (ju) Guns, distribution of the Rose of Sharon livestock, etc., exists in the amount equivalent to KRW 32,250,60. Therefore, even if he/she received the land as above, he/she did not have the intent

Nevertheless, the Defendant, by deceiving the victim as such, obtained a letter of land equivalent to KRW 13,432,010 from the victim and acquired it by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. A protocol concerning the examination of a suspect of the police against the defendant or M;

1. Each police statement made to the N or J;

1. Application of Acts and subordinate statutes to a report of investigation (N or monetary call);

1. Relevant legal provisions for criminal facts, Article 347(1) of the Criminal Act for the choice of punishment, grounds for sentencing of sentence of imprisonment [general fraud] Type 1 (less than KRW 100 million) in the basic area (six months - one year and six months), which are disadvantageously punished several times due to the same type of crime.

In response to the demand of the investigative agency to attend the investigation agency for a long time.

The damage recovery or agreement was not reached even after the considerable period from the date of the crime.

Preferential - The amount of fraud is not very significant.

Confession of crime and reflects it.

In these circumstances, the sentencing conditions, such as the defendant's age, sex, motive, means and consequence of the crime, shall be determined as ordered in consideration of the circumstances after the crime.

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