(영문) 광주지방법원 2018.12.13 2018고단3508

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(영문) 광주지방법원 2018.12.13 2018고단3508

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

The Defendant is a co-cinor in the coffee shop, where it is impossible to identify the trade name front of the B University located in the Hasan-si on January 2016, the Defendant is a co-cinor in Germany, 7530) to the victim C.

The purpose of this paper was to say that it would be exchanged with the Johovahn Track (Seoul, 7430) possessed by the party.

However, Track (7530) in D's warehouse was acquired as a crime of fraud in terms of the repair of agricultural machinery operated by the person E by the defendant.

Nevertheless, the defendant deceiving the victim as above and caused the victim to do so, the above Tracker (Seoulsan, 7530) to the victim, and the victim was found to have been the owner of the damage with respect to 77 million won at the market price (Seoulsan, 7430).

In this respect, the defendant acquired the Tractor equivalent to KRW 77 million in the city.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to a copy of a summary order of the Jeonju District Court 2016 High Order 8976, which is attached to the investigation report (report of summary order, etc.);

1. Relevant legal provisions on criminal facts, Article 347(1) of the Criminal Act regarding the choice of punishment, and Article 347(1) of the Criminal Act, confessions and reflects the reason for sentencing of punishment, but, in light of the fact that the content of the crime is inferior, the damage is large, while the damage is not recovered at all, and that there was a record of being sentenced twice to a fine due to fraud, a punishment shall be imposed strictly

The term of punishment was determined in consideration of the above circumstances and other circumstances, such as the defendant's age, sexual conduct, environment, family relationship, motive and consequence of the crime, circumstances after the crime, etc., and the conditions of sentencing as shown in the argument of this case.

참조조문

-형법 제347조 제1항

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