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(영문) 광주지방법원 목포지원 2018.02.20 2017고단189
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On October 2015, the Defendant: (a) received a proposal from a police officer B to the effect that “To show four face to the owner of a vessel who needs to pay money; (b) to receive the payment of money by means of a boarding agreement; and (c) the rest of the pets do not board the vessel; (d) would not cause damage; and (e) accepted it; and (e) conspired the proposal to receive money from the owner as the franking money for the crew.”

B made a false statement to the effect that “A from January 2016, 2016, to embark on E” the victim D according to the above public offering at a coffee shop located in A on October 20, 2015.

However, in fact, the defendant was unable to board his body, and he was aware that B was able to receive money on the pretext of a no-clature, and even if he was paid money from the injured party, he did not have an intention or ability to board E.

Nevertheless, B received KRW 15 million from the injured party to the post office account (F) under the name of the Defendant on December 22, 2015, under the pretext of advance payment, and received transfer of KRW 10 million as of January 1, 2016 to the same account as of January 1, 2016.

Accordingly, the defendant was given property by deceiving the victim in collusion with B.

Summary of Evidence

1. A protocol concerning the examination of the suspect of the defendant or B by the prosecution;

1. Each police statement made with respect to G, D, and H;

1. Application of Acts and subordinate statutes to a boarding agreement or a certificate of request for deposit in other ways;

1. Relevant Article 347 of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the choice of criminal facts;

1. Taking into account such factors as the confession and reflection of the reason for sentencing under Article 62(1) of the Criminal Act, the fact that there is no actual use of the profit accrued from the instant crime, and there is no history of criminal punishment.

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