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(영문) 부산지방법원 동부지원 2017.05.17 2016고단911
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The defendant is the representative director of C Co., Ltd. whose type of ship, cargo brokerage, etc. is the victim D is the representative director of E Co., Ltd. whose type of business is oil supply business.

On November 5, 2013, the Defendant: “Around November 5, 2013, the Defendant was engaged in the maritime oil industry located in the Jung-gu Busan Central District of “G” located in the Busan Central District of the Republic of Korea; “Around the end of 2013, the Defendant is well aware of the part of the H of the SK Group,” and, through I, the Defendant would establish a SK service oil agency until the end of 2013, and return KRW 100 million when the date does not disappear.

“A false statement” was made.

However, the defendant did not have any intention or ability to establish a SK agency for the victim.

As such, the Defendant, by deceiving the victim, received cash of KRW 100 million from the victims and acquired it by fraud.

Summary of Evidence

1. Each legal statement of the witness J and D;

1. Application of each record, each record, and each of the Acts and subordinate statutes of borrowing;

1. The grounds for sentencing a sentence of imprisonment under Article 347(1) of the relevant Article of the Criminal Act, Article 347(1) of the Criminal Act regarding criminal facts, the grounds for sentencing a sentence of imprisonment [the scope of recommendation] [the grounds for sentencing a sentence of imprisonment] No person who has no basic area (1 to 4 years) (1 to 500 million won) [the prosecutor's opinion] [the prosecutor's opinion] 1 year and six months of imprisonment [the decision of sentencing] one year and six months of imprisonment with prison labor, the defendant did not receive an amount of KRW 100 million in the course

Along with the fact that it was denied, there was a few months of time to reach an agreement after recognizing the facts charged during the public trial process, but only followed the dispute with the victim, and the victim's resident registration number, etc. was requested to provide the victim. After being provided, the deposit intention was withdrawn and the charges were denied by the victim himself/herself, and the defendant did not have any particular criminal record, other conditions of sentencing prescribed in Article 51 of the Criminal Act, such as the defendant's age, sexual conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, etc.

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