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(영문) 광주지방법원 해남지원 2015.04.08 2013고단246
사기
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A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant is an actual operator of “D Agricultural Partnership” in Jeonnam-gun C.

In fact, the above agricultural partnership did not pay the progress of distribution, and the defendant did not have the ability to pay the price in time even if he received a distribution from the victim due to the enemy status, such as there was no sales in the tax office's report since the incorporation of the corporation.

Nevertheless, the Defendant was supplied as a military supply the Defendant’s reliance on the Defendant’s remarks that the said agricultural partnership was paying 50 million won in total at around May 25, 2012, with the Defendant’s reliance on the Defendant’s remarks from the Victim F, around May 13, 2012, around KRW 6,630, around May 22, 2012, around KRW 9,000, around May 23, 2012, and around KRW 10,00 in total, around May 25, 2012.

Accordingly, the Defendant, as such, by deceiving the victim as such, received a delivery of approximately KRW 50 million in total from May 13, 2012 to May 25, 2012 from the victim to the market price of KRW 50 million.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Investigation protocol of police suspect E and investigation report (E telephone communications report);

1. Recording records;

1. Fact-finding certificates;

1. Application of investigation reports (verification of sales reported by a suspect A-managed corporation) Acts and subordinate statutes;

1. Determination of the relevant Article of the Criminal Act and Article 347(1) of the Criminal Act regarding the criminal facts and the assertion of the defendant and his/her defense counsel

1. The summary of the argument asserts that the defendant and his defense counsel are not the defendant but the defendant and they are E, and they did not have the intention of deception (the defendant operated by the corporation only once, and the above corporation could not report it to the tax office in reality because it was established even if the sale was actually conducted by the corporation, and the amount of the distribution delivery was not proper) and the actual amount of the distribution delivery is about about 13 million won.

2. However, the determination is legitimate in this Court.

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