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(영문) 대구지방법원 2015.12.03 2014고단5951
사기
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A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On February 10, 2012, the Defendant concluded that “In a case where he purchases oil at a low price and supplies it to a gas station, the benefit amount per oil tank per 500,000 won shall be 50,000 won.” On February 10, 2012, the Defendant would be 50,000 won every day benefit amount if he/she invests 50,000,000 won.”

However, in fact, the Defendant did not secure specific investment sources in the state that the Defendant supplied oil from a arbitr to a gas station at the time, and that there remains profit from the gas station. Therefore, even if he/she received the above money from a victim, he/she did not have the intent or ability to reduce profit.

Nevertheless, the Defendant received KRW 50 million from the victim to the national bank account (F) in the name of the Defendant’s wife E on February 28, 2012.

Accordingly, the defendant acquired the victim's property by fraud.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes concerning the details of transactions by national banks and details of transactions;

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. The reason for the sentencing of selective sentence of imprisonment [the scope of recommending punishment] General Fraud (of less than KRW 100,00) and the basic area (of June to 16 months) [the decision of sentencing] / there is no special person / [the decision of sentencing] / The amount of damage in this case is not significant as KRW 50,000,000, the damage amount is not repaid, the location of the defendant is unknown, and the defendant's location is unknown: Provided, That the defendant has no criminal power, other than the same power or fine once, the motive, circumstance, means and method of the crime in this case, circumstances before and after the crime, and other various circumstances such as the defendant's age, character and behavior, career, environment, etc. as shown in the argument in this case

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