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(영문) 대구지방법원 포항지원 2018.12.20 2018고단175
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around October 18, 2014, the Defendant: (a) at the time, at the port of port C, the business operator of the construction project of the construction project of the E general industrial complex at the time, is the “D”; (b) at the time, the business operator of the construction project of the construction project of the E general industrial complex at port F; (c) G was unable to acquire the business right from the F; and (d) the Defendant was the business operator of the construction project of the above general industrial complex at the time of the construction project of the instant general industrial complex, despite the absence of any authority to extract pine trees in the above general industrial complex, the Defendant is the victim H as the business owner of the construction project of the instant general industrial complex at the time

When purchasing pine trees in KRW 300 million, it may be immediately cut.

“A false statement to the effect that “” was received from the victimized party a cash transfer of KRW 100,000,000 from the Daegu Bank Account under the name of the Defendant for the purchase price of pine trees, KRW 2 million on October 15, 2014, KRW 200,000,000 on October 19, 2014, KRW 500,000 on October 28, 2014, and KRW 20,000,000 on November 5, 2014, and acquired KRW 30,000,000 in cash from the bus terminal outside Posiban around October 2014.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness H and I;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of a detailed statement of transactions), investigation reports (Attachment of documents submitted by a witness I);

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. The reason for the suspended sentence under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for the sentencing as set forth below) does not appear to have an attitude to properly reflect and reflect the criminal act of this case, even if the criminal act of this case is fully convicted. Considering the unfavorable circumstances such as the fact that there are a large number of criminal records including a lot of like criminal records, it is necessary to punish the defendant strictly. However, the damage of this case is not very significant, the damage of this case desires to break the defendant's wife by agreement with the victim prior to and late after the sentence, and there is no record of punishment for the same kind of crime between 10 years and 207.

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