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(영문) 대구지방법원 김천지원 2017.11.14 2017고단783
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 has operated the “C”, which is a food material processing company, such as by-products of pigs in the Gu and America.

At the end of March, 2010, the Defendant would request the victim D to supply money from the above C office to the victim who engages in food materials distribution business. “Patch money shall be given to the swine-by-products company for the purchase of money again.

The phrase “ makes a false statement.”

However, in fact, the defendant had a debt equivalent to KRW 400 million to be paid to the business partners at the time, and was thought to be used for the purchase of factory facilities operated by the defendant with the money received from the injured party, and there was no intention or ability to purchase raw materials.

Nevertheless, the Defendant: (a) by deceiving the victim as above; and (b) transferred total of KRW 30 million to the Defendant’s account on five occasions, including KRW 2 million on April 1, 2010, KRW 14,000,000 on April 14, 2010, KRW 300,000 on April 22, 2010, KRW 500,000 on April 26, 2010, and KRW 10,000 on April 29, 2010, KRW 30 million to the Defendant’s account.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to investigation reports (Binding of account transactions);

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Where considerable damage (one month to one year) in the mitigation area (one year from one year) has been restored due to the application of the sentencing criteria [the scope of the recommended punishment] to the general fraud (the scope of the recommended punishment];

2. The Defendant, who was sentenced, received KRW 30 million from the injured party under the pretext of advance payment to purchase raw materials and acquired them by deception.

After committing the instant crime, the Defendant also escaped for at least six years.

However, the Defendant recognized the entire crime of this case and reflected it.

Defendant has no record of criminal punishment for the same crime.

The defendant's 20 million won out of the amount of fraud of this case shall be the victim until now.

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