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(영문) 광주지방법원 순천지원 2014.04.30 2013고단2608
사기
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 25, 2013, the Defendant was sentenced to 10 months of imprisonment with prison labor for a violation of the Attorney-at-Law Act in the Gwangju District Court's netcheon Branch, and 2 years of suspended execution on October 3 of the same year and the sentence became final and conclusive and is still under suspended execution.

At around 16:00 on April 6, 2012, the Defendant: (a) 16:00, at a restaurant near the Namwon-si; (b) 16:00, the Victim C, saying, “The Defendant is operating a searier in the Republic of Korea, carrying a boat, doing work through women, and (c) would supply searier from one week after a week on the face of the week; and (d) as if the Defendant had the ability to supply searier, the Defendant was transferred from the victim to the Defendant’s account.

However, in fact, the defendant was in a state of suspending the work of the sea plantation that was operated at the time, and did not have vessels, and around June 201, the defendant was paid KRW 5 million from D until he was paid KRW 5 million to D until he was paid KRW 4,000,000 from D until he was paid KRW 5,000,000 from D. Thus, even if he was paid KRW 10 million from the victim, he tried to pay KRW 5,00,000 among them to D, and there was no intention or ability to supply the victim with the piracy.

As above, the Defendant, by deceiving the victim, received KRW 10 million and fraudulently acquired it.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Statement to C by the police;

1. Investigation reports (Submission of suspect's financial transaction details, fishery product contract, etc.);

1. Investigation report (verification of suspect's details of change of details - Sychodo third party to sales business operators);

1. Previous records: Application of inquiries, such as criminal records, investigation reports (the fact of probation period A against a suspect and reports on attachment of criminal records);

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Handling concurrent crimes;

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