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(영문) 대구지방법원 2020.01.15 2019고단2397
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

Around August 22, 2016, the Defendant made a false statement to the effect that “W, as the representative of the victim company, is making a large number of math and spath agricultural products. When supplying pesticides and fertilizers, the Defendant would be paid for agrochemicals and fertilizers by harvesting crops.”

However, the Defendant had a debt equivalent to KRW 60 million against X, and there was no ability to pay the personnel expenses, rent, etc. for the Yang-frequency farming house, and even if agricultural crops are cultivated and sold as a fertilizer and fertilizer supplied by the victim, the Defendant was thought to use the sales proceeds as the repayment of the previous debt, personnel expenses, rent, living expenses, etc., so even if he was supplied with agricultural chemicals and fertilizers from the victim, he did not have the intent or ability to pay the sales proceeds properly at the time of the agreement.

The Defendant, as such, by deceiving the victim, received 16 scams worth KRW 284,00 and 13 scams worth of KRW 284,00 from the victim, around August 22, 2016, and from October 27, 2017, the Defendant received delivery of agrochemicals and fertilizers worth KRW 64,384,00 in total, up to 22 times, as indicated in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's office and police statement concerning W;

1. Business registration certificate;

1. A specification of transactions;

1. Original copy of a notarial deed;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. The reason for sentencing under Article 347(1) of the Criminal Act and Article 347(1) of the choice of punishment for the crime of this case is that the criminal of this case is committed by deceiving the victim continuously by deceiving the victim, and the criminal of this case is heavy, there are a number of criminal records for the defendant, and the amount of the damage of this case reaches approximately KRW 64 million, and the amount of damage of this case has not reached up to the present day and has not been subject to any measures for recovery of damage, and it is favorable to sentencing that the defendant has led to the confession of the crime.

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