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(영문) 창원지방법원 진주지원 2013.10.29 2013고단871
사기
Text

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

Reasons

Punishment of the crime

On October 2009, the Defendant made a false statement to the effect that “The Defendant would settle the price of the materials, as the subsidy was granted from the old Gun, on credit, to the victim D working for the said agricultural cooperative in the NAF, Jeonnam-gun, Inc., and the Defendant supplied the agricultural pipe necessary for the village development project on eight parcels, other than the old E, to the village development project, to the victim D who works for the said agricultural cooperative.”

However, even if the defendant received the above subsidy, he did not have any intention or ability to pay the payment even if he was supplied with agricultural pipe credit from the victim because he thought that he would be used for the purpose of repayment of personal debt to his mother and other projects that had been in progress at the time.

On October 29, 2009, the Defendant received 7,800 agricultural pipes equivalent to KRW 74,000,000 from the victim with false statements from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding F;

1. Each police officer's statement about D and G;

1. Standard form contract and tax contract;

1. Application of statutes on details of financial transactions in the name of H;

1. Relevant Articles of the Criminal Act and the reasons for sentencing under Article 347 (1) of the Criminal Act;

1. Scope of recommended sentences according to the sentencing criteria;

(a) Determination of types: Type 1 of general fraud (less than KRW 100 million) among the fraud crime group;

(b) A special breeder: No person;

(c) Scope of recommendation: Imprisonment with prison labor for not less than six months but not more than one year and six months;

2. It shall be sentenced to the same sentence as the order in consideration of the fact that damage has not been recovered from the sentence;

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