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(영문) 대전지방법원 2015.09.18 2015고단1526
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On October 2012, the Defendant stated that “The victim E will supply transit at a price lower than the general price” at the D gas station office located in Daejeon Jung-gu, Daejeon, the Defendant paid KRW 20 million to the victim E. On deposit, the Defendant would supply transit at KRW 20,000 per day from January 10, 2013.”

However, even if the Defendant received money from the victim, he did not have the intent or ability to supply via the above.

The Defendant, as such, by deceiving the victim, received cash of KRW 20 million from the victim around January 6, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes on witness E’s legal statement;

1. A person shall be punished by imprisonment in consideration of the following: pertinent legal provisions on criminal facts; Article 347(1) of the Criminal Act regarding the choice of punishment; grounds for sentencing of sentence [the scope of recommending punishment] general fraud; and the basic area (6 to 1 year and 6 months) of the first category (6 months) [no person with a special penalty] [decision of sentence]; the amount of damage was not small; the amount of damage was not recovered; and the amount received with the oil value was lent to a third party without permission; etc.; and the quality of the crime is inferior;

In determining the term of punishment, considering the fact that the defendant acknowledges and reflects all the mistakes, there is a dependent, and the criminal records of the defendant (the criminal records of several times, such as the criminal records, but there is no previous criminal records).

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