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(영문) 광주지방법원 해남지원 2014.07.02 2014고단69
사기
Text

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

Reasons

Punishment of the crime

The defendant is a person who operates a uniform at the sea in front of Jeonnam-do C.

On November 9, 2011, the Defendant provided that “F” type of “F” uniform 130,000 won shall be repaid to the victim up to April 30, 2012, which is operated by the victim E in the same Myeon.”

However, in fact, the Defendant received 53,00,000 won from the Nowan Agricultural Cooperative at the time, and 14,750,000 won from the Nowan Agricultural Cooperative, and did not have any other property to be repaid, and there was no intention or ability to repay the amount even if the Defendant was supplied with the re-re-re-re-re-re-re-re-re-re-re-re-re-re-re-re-re-re-re-re-re

On the same day, the Defendant, by deceiving the victim as above, was issued 130,000 U.S. dollars of 40,300,000 U.S. from the victim in the maritime uniform culture operated by the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A copy of a trading statement;

1. A letter of credit information investigation of the National Agricultural Cooperatives of Boan;

1. Application of Acts and subordinate statutes of a written confirmation of small and medium financial transactions;

1. Relevant legal provisions on criminal facts and the reason for sentencing of Article 347(1) of the Criminal Act for the choice of punishment [the scope of recommending punishment] There is no basic area (6 to 100 million won) (6 months to 100 million won) [the decision of sentencing] [the decision of sentencing] - The defendant is an initial offender who has no record of criminal punishment, and there is also favorable circumstances such as the defendant's deep-depth violation of his/her mistake.

However, the crime of this case is committed by deceiving the victim and deceiving the victim a total amount of KRW 40,300,000,000, and it cannot be viewed as a small amount of damage. Nevertheless, the defendant does not take any measures to recover the damage of the victim. Rather, the defendant disposes of his own property to his her her son, thereby recovering the damage of the victim.

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