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(영문) 춘천지방법원 강릉지원 2013.10.16 2012고단183
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On July 9, 2010, the Defendant stated in C that “The Defendant is running a business with the right to borrow, collect stone, and mine mining business in the third city C forest, and the Defendant would be able to operate a restaurant within the place of business for six years.”

However, since the defendant did not obtain a mining project permit for the above forest, the defendant did not have the intention or ability to grant the right to operate the restaurant to the victim.

On July 9, 2010, the Defendant, by deceiving the victim as such, obtained KRW 10 million from the victim to the account in the name of E on July 9, 2010, KRW 10 million to the account in the name of the Defendant on July 23, 2010, and KRW 5 million to the account in the name of the Defendant on July 30, 2010, respectively, and acquired KRW 25 million by deceiving the victim.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Application of Acts and subordinate statutes to a cafeteria contract, promissory note, payment note, details of passbook transaction, investigation report (to hear statements by a complainant and final opinion);

1. It shall be taken into account the amount obtained by the defendant for the reason of sentencing under Article 347(1) of the Criminal Act, the fact that most of the damage has not yet been recovered, and the fact that the defendant escaped during the trial of this case, etc.

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