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(영문) 대전지방법원 2015.11.26 2015고단3536
사기
Text

A defendant shall be punished by imprisonment for six months.

except that 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 August 21, 2014, the Defendant stated that “The Defendant would pay the price at a price lower than the market price if he/she supplied the map” to D, an agent of the victim C.

However, the Defendant did not have any intent or ability to pay the sales amount, even if it was supplied with the above Do due to the shortage of funds at the time, because it was scheduled to use the sales amount for personnel expenses, etc. used to harvest Dos from another Do field.

Nevertheless, the defendant deceivings the victim as such, and is under his control from the victim to the same year from the time of such deception.

8. Until March 31, 200, a total amount of KRW 15,789,500 was delivered in seven occasions as shown in the annexed sheet of crime.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. Application of the Acts and subordinate statutes to the complaint;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act [Scope of recommending punishment] The following shall be taken into consideration various conditions for sentencing, including the crime group of fraud, general fraud (type 1), basic area, period of six months to one year and six months (decision of sentence] of imprisonment, the amount of damage not less than a sentence of suspension of execution, the amount of damage not less than a sentence of suspension of execution, the amount of partial damage recovery (Article 5 million won), the motive and circumstance leading to the crime, the degree of damage, the age of the defendant,

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