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(영문) 광주지방법원 목포지원 2017.03.21 2017고정57
사기
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[criminal records] On January 15, 2016, the Defendant was sentenced to imprisonment with prison labor for ten months and six months with prison labor for fraud in the Gwangju District Court Branch Branch on January 15, 2016, and the said judgment became final and conclusive on June 14, 2016.

[Criminal facts] The Defendant is a person who engages in vessel vessel processing and mechanical repair business among “C”.

On September 21, 2015, the Defendant entered into a sales contract with the victim D (F30BEU, 378 million won) to sell the outboard of the ship (F300BEU, 378 million won at fixed prices) before the back-to-date on September 21, 2015, and the Defendant would be able to install the outboard of the ship at the end of the contract with the said D, with the exception of 37.8 million won at fixed prices and 29 million won at low prices.

The phrase “ makes a false statement.”

However, even if the defendant entered into a sales contract with the victim, the defendant did not intend to sell the above ship's outer flag to the victim for KRW 29 million according to the contract.

On September 22, 2015, the Defendant: (a) by deceiving the victim; (b) transferred KRW 3 million from the Agricultural Cooperative account under the name of the Defendant to the Suhyup account (G) account in the name of the Defendant on September 22, 2015; and (c) received KRW 12 million from the Suhyup account in the name of the victim on October 7, 2015 to the veterinary Cooperative account in the name of the said Defendant on three occasions; (b) received KRW 3 million from the said Defendant on three occasions in total; and (c) received KRW 12 million from the Suhyup account in the name of the said Defendant; and (d) on October 26, 2015, the Defendant received KRW 25 million from the Defendant’s spouse in the name of the said Defendant from the Suwon-gun branch in order to prepare the balance of purchase of the vessel at the outside of the Republic of Korea.

Summary of Evidence

1. Statement by the defendant in court;

1. Police statements made to D or J;

1. Each internal investigation report (the No. 5,8 of the evidence list), each investigation report (the No. 12, 13 of the evidence list);

1. Previous conviction in judgment: Application of three copies of the text of the judgment;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) and (2) of the Criminal Act, the selection of fines for the crime, and the selection of fines;

1. To treat concurrent crimes;

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