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(영문) 광주지방법원 목포지원 2014.05.01 2013고단1595
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

An application filed by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

On March 2012, the Defendant made a false statement that “The Defendant would purchase 54,300 net 233,490,000 won per unit of KRW 4,300 per unit of 4,300,000, which is kept in the warehouse of a pregnant agricultural cooperative. The purchase price will be paid within a week.”

However, the defendant did not have the intention or ability to pay the two-waves to the victim even if he purchases the two-waves from the victim.

The Defendant, by deceiving the victim as above, did not pay the 233,490,000 won under the condition that the 233,490,000 won was disposed of by disposing of the 54,300 network owned by the victim and did not pay the 234,300 won.

Summary of Evidence

1. Partial statement stating that he/she has disposed of after purchasing 54,300 networks of victims C in the first trial record;

1. Statement made by C of a witness in the second protocol of trial;

1. Partial statement of the suspect interrogation protocol of the defendant by the prosecution;

1. To record part of the first protocol of examination of suspect about D by the prosecution;

1. The protocol of statement made by the prosecution against E in part;

1. The second statement made in part of the suspect examination protocol of the police about D; and

1. Application of Acts and subordinate statutes to investigation reports (attached to the current status by producer at each shipper submitted by the FFF G);

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

1. Determination as to the assertion by the defendant and his/her defense counsel under Articles 32(1)3 and 25(3)3 of the Act on Special Cases Concerning the Promotion, etc. of Lawsuit for Dismissal of Application for Compensation

1. On March 2012, the Defendant did not enter into a contract to purchase the 54,300 net value per network (hereinafter “the instant two-wave”) as indicated in the Decision at the Unclaimed Hospital Hospital in which the victim was hospitalized at the end of March, 2012, but decided to report the goods. The Defendant confirmed the condition of the two-waves of this case and confirmed the condition of the two-waves of this case on April 10, 2012.

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