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(영문) 광주지방법원 장흥지원 2015.04.23 2014고단235
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant, from October 2003 to March 2014, 2014, worked in E-U.S. E-U.S. operated by the victim D in Gangnam-gun, Gangnam-gun, and was in charge of purchasing rice from a farmer. After purchasing rice from a farmer, the Defendant prepared a purchase advance sheet and submitted it to the victim, the victim has paid the price to the farmer who purchased the rice.

Around February 11, 2011, the Defendant prepared and submitted a false purchase advance sheet, stating the F’s account number (CF: G), as the Defendant purchased rice from F, to the wife of the victim, and made a false statement.

However, the fact is that F was the father of the defendant and it was not purchased rice from F.

The Defendant received from the victim a total of KRW 105,70,000 from November 4, 2005 to the above passbook in the name of F used by the Defendant on the same day as the purchase price of rice in the name of the victim, and received from the victim the remittance of KRW 2,576,00 in total over 39 times from November 4, 2005 to the above temporary date, as shown in the annexed list of crimes.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. Details of transactions of deposits and withdrawals;

1. Application of Acts and subordinate statutes governing sales slip photographs;

1. There is no person who has a basic area (one to four years) (one to a person who has a special penalty) (one to a year) (no person who has a criminal sentence] under the pertinent Article on criminal facts, Article 347(1) of the Criminal Act regarding the choice of punishment, the grounds for sentencing of imprisonment [the scope of recommending punishment] general fraud (one hundred million won or more, or less, and less than five hundred million won) [the decision of sentence] [the decision of a person who has a special penalty] obtain by fraud exceeding KRW 100 million by means of preparing a false purchase advance slip over a long period of time, and because the victim failed to reach an agreement with the victim so far

However, it is against the defendant's wrong recognition, and it is against the defendant's basic living expenses.

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