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(영문) 광주지방법원 목포지원 2018.04.06 2017고단1469
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On June 15, 2017, the Defendant received KRW 15,00,000,00 from the injured party under the name of the Defendant’s post office account (E) on the same day, under the name of the victim C, at the place of residence of the victim C, which was located in Newananan-gun B prior to the lapse of 09:0 on June 15, 2017.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes of the specifications of transactions of agricultural automation machinery;

1. Relevant legal provisions on criminal facts and Article 347(1) of the Criminal Act on the grounds of sentencing (Selection of Imprisonment) of the choice of punishment for the crime of this case are the confessions and reflects on the crime of this case, but the defendant will be on board the victim as a seafarer.

In short, even though he/she was paid 15 million won in advance, he/she did not work as a seafarer on a daily basis, and he/she did not make any effort to recover the damage of the victim after he/she saw the amount of 15 million won as a entertainment cost.

In addition to this, the punishment shall be determined as ordered by taking into account all the reasons for sentencing shown in the records.

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