(영문) 광주지방법원 목포지원 2017.04.14 2016고단1305

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(영문) 광주지방법원 목포지원 2017.04.14 2016고단1305

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On February 10, 2015, the Defendant made phone calls to the victim B, and called “I would pay to B money in return for the delivery of drilling to B, and to Kimchi factory.”

However, in fact, even if the defendant was supplied by the injured party, the defendant was thought to use the ship as operating expenses of the kimchi factory operated by the defendant as his/her business, or as living expenses, and there was no other property, and there was no intention or ability to pay the money.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) supplied 3,825,000 g of the distribution amounting to KRW 10,930 on April 11, 201 of the same month from the victim; and (c) from that time to April 27, 2015, the Defendant was supplied with the distribution of KRW 64,594,000 at the market price by the above means as shown in the list of crimes.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes to the details of distribution, changes in the details of distribution, and investigation reports (related to the submission of a statement of supply by a victim);

1. Considering the favorable circumstances, such as the fact that the defendant recognized the crime of this case for the reason of sentencing under Article 347(1) of the pertinent Act as to the crime and Article 347(1) of the Criminal Code of the Selection of Punishment (as a whole, the choice of imprisonment) and the fact that some of the money (8 million won) has already been punished several times for the same crime, the defendant committed the crime of this case again even though he had already been punished several times due to the same crime, the crime of this case is not good in that it is a crime by deceiving farmers as if he would pay the money to the farmer, and it is also a considerable amount of money, but there is no effort to recover the damage up to now.

참조조문

-형법 제347조 제1항

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