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(영문) 수원지방법원 2016.11.16 2015고단107
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On March 3, 2010, the Defendant: (a) at the Seocho-gu Seoul Metropolitan Government Office for Victim (A) DD located in the second and second floor; (b) the Defendant did not own pine trees in the third and second floor; (c) the Defendant did not have been entrusted with the authority to sell pine trees or other disposal authority from F with the mining rights granted to the third party; and (d) there was no fact that the Defendant obtained permission to extract pine trees from the said site; and (b) the Defendant did not have the intent or ability to deliver pine trees; (c) notwithstanding the fact that the Defendant did not have the intention or ability to deliver pine trees, the Defendant was delivered KRW 50 million to G representative director of the damaged company, “I have pine trees in the third party E; (d) 40cc or more of pine trees in the fourth and fourth floor, and KRW 50 million of pine trees in the fourth and fourth floor, and (d) 3700,000,000,000 won in the first place.”

Summary of Evidence

1. Statement by the defendant in court;

1. Police suspect interrogation protocol of the accused (including interrogation with I);

1. Police suspect interrogation protocol against J;

1. The police statement of K;

1. Application of Acts and subordinate statutes on a wooden sales contract, copy of passbook, and deposit receipt;

1. The sentence is ordered as per the disposition, taking into account the following factors: the pertinent Article of the criminal facts, Article 347(1) of the Criminal Act regarding the selection of punishment, the reason for sentencing of sentence of imprisonment [the scope of recommendation] General Fraud / [the sentence] / [6 to 100 million won] the Defendant acquired money from the damaged company under the name of contract deposit for pine trees which are not authorized to dispose of; the amount of down payment that the Defendant acquired by the Defendant is not significant; the damage was not recovered even after considerable period has elapsed since the crime was committed; the circumstances in which the Defendant endeavored to recover the damage did not peep; there was no history of punishment exceeding the fine; the Defendant did not have any record of punishment exceeding the fine; and other circumstances in which the Defendant made efforts to recover the damage; and the sentencing conditions indicated in the record

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