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(영문) 창원지방법원 2016.11.09 2015고단2306
사기
Text

A defendant shall be punished by imprisonment for six months.

However, 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

The defendant is a person who actually operates Switzerland in Kimhae-si, Sweak Trust Processing Business Center (ju) in Kimhae-si.

On March 19, 2014, at the above company office, the victim E was requested to process the iron plate from F, and the victim E was authorized to process the residual scrap after processing. Since the processing, the victim’s false statement was made that the victim E would change the deposit amount of KRW 50 million.

However, in fact, the defendant was only requested by F to process the iron plates from F, and should return the residual scrap remaining after the processing to F, so there was no intention or ability to supply the victim with the ice lease.

As above, the Defendant, by deceiving the victim and deceiving the victim, acquired 10 million won from the victim, 20 million won on March 21, 2014, and 20 million won on March 26, 2014, and 50 million won on March 26, 2014 from the Defendant’s wife G’s corporate bank account.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and H;

1. Details of account transactions and application of Acts and subordinate statutes on orders;

1. Article 347(1) of the Criminal Act applicable to the crime, the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Scope of Recommendation] General Fraud (less than KRW 100,000) is mitigated (one to one year), a person who is not subject to punishment, or a case where considerable damage has been recovered [decision of sentence] agreed with the victim; the fact that there is no record of crime exceeding the fine; the defendant’s age, character and behavior, family relationship, family environment, motive and means of crime; and the circumstances that form the sentencing conditions indicated in the records of this case, such as the circumstances after the crime, shall be determined as the disposition.

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