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(영문) 제주지방법원 2017.02.08 2016고단2576
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On December 2, 2014, the Defendant supplied the victim C with a cafeteria that is a fishing vessel inside the west-gun, Chungcheongnam-gun, Chungcheongnam-gun in order to supply the whole part of the fallen to the victim C with a scambling and ventilation with a scambling by using the scambling fishing.

One half of the sales proceeds of the abortion was false to the effect that "the remainder is changed to the price of the price of the supply of the defeat after deducting the half of the sales proceeds of the defeat from the price of the defeat."

However, in fact, at the time, the Defendant had a personal debt of 50 million won or more, and the above D had a mortgage, and if the borrower did not pay the loan interest amount of 3 million won per month, he was bound to engage in illegal fishing because he did not obtain a permit to engage in an illegal fishing and it is difficult to expect a large amount of fishing in the financial situation due to the failure of the above D to obtain a permit to engage in an illegal fishing, and therefore, he did not have the ability to deliver or repay the amount in full as promised to the victim.

In addition, the defendant deceiving the victim as above and received delivery of 50,000 g of the market price of 2,50,000 won from the victim on January 10, 2015 from the victim, from that time, from that time.

5. Until December 12, 24, a total of 49,305,80 won of the market price and the fishing gear, etc. were issued by the person concerned, as shown in the list of crimes in the annexed sheet of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. An investigation report (the list of inquiries about details of transactions of inter-Korean union loans and specifications of consignment sale), investigation report (Attachment to the original register of D fishing vessels), investigation report (to hear statements made by victims C);

1. Application of Acts and subordinate statutes to C's accusation, loan certificates, details of supply, etc., investigation reports (Listening to complainants' statements), police statements protocol against C with respect to C, investigation report (referring to witness E telephone conversations);

1. Relevant legal provisions and the choice of punishment concerning facts constituting an offense: Article 347(1) of the Criminal Act; and it is so decided as per Disposition on the grounds of imprisonment or heavier punishment;

Sentencing.

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