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(영문) 춘천지방법원 강릉지원 2016.06.15 2016고단83
사기
Text

Defendant shall be punished by a fine of one million won.

If the above fine is not paid, one hundred thousand won shall be converted into one day.

Reasons

Punishment of the crime

[Before the latter part of Article 37 of the Criminal Code] The Defendant was sentenced to imprisonment with prison labor on November 20, 2012 at the Gangnam branch court of the Chuncheon District Court for fraud, etc., and the judgment became final and conclusive on the 28th of the same month.

[Criminal facts] The Defendant, in the C C C C tea located in Sin Line B, around July 21, 201, supplied the victim D with a 30,000 square field where the Defendant paid farming expenses, etc. for farming and fishing village expenses, etc. within the 30,000 square field under the management of the State.

First of all, the purpose of “the payment of down payment, etc.” was false.

However, at that time, the Defendant leased a variety of land without any intention to use the land for the purpose of farming with no intention to use the land for the purpose of this case, and had no intention or ability to supply it to the victim by cultivating the land normally with no intention to use the land for the purpose of farming with no intention to use the land for the purpose of this case, even if the Defendant received money from the victim, it was not a normal farmer due to the financial problem, etc., but at that time, the Defendant had already received money from others, such as E, etc. to cultivate and supply it.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) delivered seeds of a single-unclaimed seed worth KRW 5.2 million at the market price on the same day from the victim; (c) around July 26, 201; and (d) KRW 10 million in total, including KRW 7 million around July 28, 201, and KRW 7 million in a relationship with the Defendant.

The Nonghyup Bank in the name of F was transferred to the account in the name of the Nonghyup Bank.

The Defendant, as above, by deceiving the victim, received property equivalent to KRW 15.2 million from the victim and acquired it by deception.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Statement made by the police against D;

1. A complaint filed in D;

1. A copy of each of the decisions referred to in 2012 No. 227, 2011, 627, 2012, 451, 2012;

1. Each investigation report (to hear statements by DNA telephones);

1. Previous convictions: Criminal history, etc.;

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