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(영문) 광주지방법원 순천지원 2015.08.19 2015고단583
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 10:00 on February 4, 2014, the Defendant: F, the husband of the Victim E and the secretary-general of the Victim E, who is the owner of a fish netly lost net fishing vessel D (total of 39 tons) in the GC located in the GC located in the Southern-si, Nam-nam-si; and “the following year from August 20, 2014:

8. To be a seafarer of a fishing vessel until 20.

"At the time of false statements, the victim required to pay the advance payment."

However, the defendant did not have the intention or ability to work as a seafarer of the above fishing vessel even if he received the advance payment from the victim.

As above, the Defendant, by deceiving the victim as above, received three million won from the victim to the Defendant’s account under the name of advance payment on February 13, 2014, as well as transferred from the victim to the Defendant’s account, and from that time, the same year

7. Between 16. A total sum of 12 million won was received from the victim in the above four times in the same manner as the list of crimes in the attached Form.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A complaint;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. The scope of recommendations on the sentencing criteria [the range of recommendations] [the range of decisions on the sentencing criteria] shall be the basic area [the range of recommendations] from June to June 1 year and six months; and

2. Suspension of execution - Major reasons for major participation : negative unagreement - Major reasons for major participation: Where positive damage is considerably small in the scale of substantial damage, or where considerable damage is recovered - Reasons for general participation: Not efforts to recover negative damage;

3. The normal fraud in favor of the decision-making of the sentence has not been restored to a relatively unfavorable normal damage, and the victim has several criminal records in the same kind of criminal records as that of the defendant's punishment, and all other records are recorded in the records, such as the age, character, conduct and environment of the defendant.

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