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(영문) 창원지방법원 통영지원 2013.06.20 2013고단119
사기
Text

A defendant shall be punished by imprisonment for four months.

The defendant shall pay 30,960,000 won to the applicant for compensation by deceit.

3.2

Reasons

Punishment of the crime

On February 7, 2012, the Defendant told the victim B at the Samsung Heavy Industries Co., Ltd. Co., Ltd., Ltd., Ltd., Ltd., the Samsung Heavy Industries Co., Ltd., Ltd., Ltd., the Defendant: “I will complete the payment with the transaction funds that enter after one month from the loan of the company’s operating funds. I want to do more than the bank.”

However, at the time, the Defendant was liable to pay approximately KRW 26 million to the private financial company and the bond company, and was unable to pay KRW 6 million to the Customer, and even if the Defendant borrowed money from the Customer and received the transport payment from the Customer, it was thought that it was used to pay the above obligation, so even if the Defendant borrowed money from the victim, it did not have the ability or intent to pay the money.

As above, the Defendant, by deceiving the victim, received KRW 12 million from the victim for the said temporary consideration, KRW 15 million around February 15, 2012, and KRW 6.16 million around March 29, 2012, respectively, and acquired KRW 3,316 million by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol protocol law to B

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. According to the sentencing guidelines for sentencing, pursuant to Articles 25(1), 31(1), (2), and (3) of the Act on Special Cases Concerning the Promotion, etc. of Compensation Orders and Provisional Execution Sentence (the applicant for compensation order sought compensation of KRW 33,200,000 (the applicant for compensation order is seeking compensation of KRW 33,200,000). According to the sentencing guidelines for sentencing, six months to one year and six months are recommended for the defendant (not having a special person) (not having a sentence). Most of the damages are considered as the grounds for sentencing unfavorable to the defendant, taking into account the fact that the damage has not been recovered most of the damage into account the fact that there is no criminal record of imprisonment without prison labor or more, and part of the amount of money acquired through deception.

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