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(영문) 전주지방법원 남원지원 2017.01.24 2016고단240
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal history] On March 20, 2015, the Defendant was sentenced to six months of imprisonment with labor for a violation of road traffic law at the Jeonju District Court on March 20, 2015, and completed the execution of the sentence at the Jeonju Prison on June 20, 2015.

[2] On October 2015, the Defendant: (a) executed as if the victim D purchased approximately KRW 21 million trees from the victim’s farm operated by the victim D, which was located in the former Northern-gun C; and (b) calculated the victim’s refund to the victim; (c) then, the Defendant would divide profits from the victim’s purchase of approximately 21 million trees from the victim’s farm.

The current market has trees equivalent to 700 million won, which are supplied to Samsung on December 31, 2015.

At that time, the term “to receive and settle the money if the money is paid.”

On October 23, 2015, the defendant continued to have the victim "I want to have a good tree, and there is insufficient money."

In the face of 800,000 won, it was said that the supply will be made by dividing the half of the profit.

However, in fact, the Defendant did not own trees equivalent to 70 million won at the time, and did not have any plan to supply them to Samsung, and was merely intended to receive money from the injured party to use them as living expenses, etc., and did not have any intent or ability to divide the profits from the purchase and sale of the said money to the injured party.

Nevertheless, the Defendant, as seen above, by deceiving the victim, received KRW 800,000 from the post office account (E) in the name of the Defendant on the same day, and received KRW 14,600,000 in total from 11 times by the same method as in the list of crimes in the attached Form.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A trading statement;

1. Investigative Report (Confirmation of Correspondence Contents), Investigation Report (Adjustment of Trade Details), Investigation Report (Related to Disbursement of Suspected Transaction Statement), Investigation Report (Related to Disbursement of Suspected Transaction Statement), and Investigation Report (A Account Victim's Details).

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