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(영문) 광주지방법원 2014.01.27 2013고단5157
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

Around February 7, 2013, the Defendant, at the home of the victim C (the age of 67) located in B, proposed the victim to operate the fishery products distribution business and to build a freezing warehouse at the victim's expense while proposing the business of operating the fishery products distribution business. The Defendant, at the victim's home located in B (the age of 67), proposed to introduce a freezing warehouse at the victim's expense. The Defendant, "I would like to introduce a business operator constructing a freezing warehouse. The cost of constructing a freezing warehouse shall be changed by 33.4 million won, and the amount of KRW 20 million shall be transferred from the victim to the Gwangju bank account in the name of the Defendant on March 7, 2013, and around March 11, 2013, transferred from the victim KRW 13.4 million to the NA bank account in the name of the freezing operator." This received from the victim only KRW 13.4 million from the victim.

However, even though the defendant decided to build a new warehouse in freezing D and the construction cost of KRW 25 million, the amount of the difference was unfashed to the victim in order to acquire 8.8 million won.

Accordingly, the defendant was delivered KRW 8.8 million by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Part C of the protocol of interrogation of the defendant by the prosecution against the defendant

1. Statement made to C by the police statement;

1. Application of the Acts and subordinate statutes described in each detailed statement of savings deposit transactions, written confirmation of details of transactions, investigation report (related to D currency for reference persons);

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

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

1. The reasons for sentencing under Article 62-2 of the Probation Criminal Act include the defendant's primary offender; the number of damages in this case; the defendant's repayment of a certain amount to the victim during the trial process; the defendant's repayment of the remaining damages in installments; and other various sentencing conditions, the defendant shall be sentenced to the same punishment as the disposition, subject to certain conditions to be observed.

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