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(영문) 대전지방법원 홍성지원 2017.06.21 2016고단471
사기
Text

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

Reasons

Punishment of the crime

On November 2014, 2014, the Defendant stated to the effect that “The Defendant would first request the Victim C to pay KRW 100 million prior to the payment to D for the supply of fish, i.e., a g., a g., a g., a g., a g., a g., a g., a g., a g., a g., a g., a g., a g., a g.,

However, in fact, even if the defendant had already confirmed the intention of refusing to supply D's prior terms at the time, and even if he received money from the victim, he was planned to use it for personal purposes, so that he did not have the intention or ability to have the victim receive the prior terms.

On November 3, 2014, the Defendant, by deceiving the victim, received KRW 100 million in the name of advance payment from the victim, from the victim, through the Agricultural Cooperative (Account Number E) account in the name of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement made to C, each police statement made to D;

1. Application of Acts and subordinate statutes such as detailed statement of deposit transactions and investigation report (Evidence List 13,16);

1. In full view of the relevant legal provisions regarding criminal facts, Article 347(1) of the Criminal Act regarding the selection of punishment, the reasons for sentencing of imprisonment, and the circumstances below the Defendant’s age, sex, environment, and all the circumstances before and after the instant crime, etc., the punishment as set forth in the Disposition above shall be determined.

The fact that the crime of this case is committed, the fact that the victim is expected to have repaid 40 million won to the victim, the fact that the victim is not agreed with the victim, and the amount of fraud is up to 100 million won.

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