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(영문) 광주지방법원 2019.09.27 2018고단3764
사기
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A defendant shall be punished by imprisonment for not less than eight months.

An application filed by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

On March 20, 2018, the defendant stated that "the defendant would pay the pesticide price immediately after the delivery of the pesticide to the victim B, who operates the F of the Dispute Resolution Fund through E, from D pesticide company in Yong-Nam-gun, Jeonnam-gun, Seoul."

However, due to the fact that the defendant was difficult to operate the pesticide company at the time, there was no ability to pay the price even after being supplied with the pesticide by the victim.

Around March 29, 2018, the Defendant: (a) by deceiving the victim; and (b) obtained pecuniary benefits equivalent to KRW 36,909,400, including KRW 500,00,00 from the victim; (c) around March 31, 2018; (d) around March 31, 2018, KRW 30,855,50,000, including KRW 300,000,000; and (e) around April 19, 2018, KRW 41,460,10,00,000, in total, were supplied with pesticides equivalent to KRW 41,460,10,00.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning G;

1. A complaint;

1. The application of Acts and subordinate statutes on the liquidation of attempted amount of D, settlement of sales, and details of H account transactions;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. The defendant shall be sentenced to a penalty in light of the unfavorable circumstances, such as the substantial amount of damage caused by sentencing and the failure to recover damage, etc. under Articles 32 (1) 3 and 25 (3) 3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits to Dismiss Application for Compensation;

However, considering the favorable circumstances, such as the fact that the defendant has no criminal records, the defendant shall be considered as having no criminal records, and the punishment shall be determined as ordered in consideration of the age, character and conduct of the defendant, motive, means and consequence of the crime, the circumstances after the crime, etc. and all the conditions of the punishment specified

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