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(영문) 서울서부지방법원 2014.04.25 2013고단3484
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Of the facts charged in the instant case, the fraud against the victim C is acquitted.

Reasons

Punishment of the crime

On October 30, 2009, the Defendant issued to the victim F ad hoc E restaurant located in front of the Defendant’s house located in Yongsan-gu Seoul, Yongsan-gu, Seoul, that “The Defendant would be entitled to receive and sell money from the victim F by-products, such as satisfaction, internal organs, etc., from the NAF and the Livestock Cooperatives. At the same time, the Defendant would be entitled to receive 600 copies of cattle and pigs by-products on a day. The Defendant would be entitled to receive 50 million won out of by-products if the expense is required.”

However, even if the defendant receives money from the victim, the defendant did not have the intention or ability to receive 10 percent of the by-products of cattle and pigs from the Nonghyup or the Livestock Cooperatives and deliver it to the victim.

Nevertheless, the Defendant received KRW 50 million from the victim for expenses incurred in receiving cattle and by-products from agricultural cooperatives, etc.

Accordingly, the defendant deceivings the victim to take money by deceiving the victim.

Summary of Evidence

1. Partial statements of the defendant in the first protocol of trial;

1. Legal statement of witness F;

1. Statement concerning the accused in the protocol of interrogation of the suspect;

1. Statement of the police statement concerning F;

1. Application of Acts and subordinate statutes to a copy of a contract, copy of a check or passbook;

1. The grounds for sentencing under Article 347(1) of the Criminal Act regarding criminal facts have no effort to recover damage as the defendant denies the crime, and other various circumstances, including the defendant's age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc., and the sentencing conditions specified in the records and arguments, shall be determined as ordered, taking into account the following circumstances.

The acquittal portion

1. The Defendant, on the first and second day of June 2006, Jongno-gu Seoul Jongno-ro 2, in front of the National Bank, will find and offer the victim C with the knowledge of an assistant in his office in his office.

On the other hand, we need to keep a high person of the audience, and we need to look at the assistant of the Hanna Party, and to come up with the Anna City.

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