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(영문) 창원지방법원 통영지원 2014.06.27 2013고단985
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

At around 14:00 on May 10, 2013, the Defendant lent KRW 20 million to the victim E the right to remove the Dweing building from the “Dweing” office located in Tong Young-si, Dong Young-si, to the victim E, and made a false statement.

However, in fact, the defendant did not have the intent or ability to grant the right to remove the goods to the victim because he did not have the right to remove the goods or the right to remove the goods after consultation with F on the collection of the said goods with F.

Nevertheless, the Defendant, as seen above, was accused of the victim and transferred KRW 20 million from the victim to the Agricultural Cooperative Account in G name on May 15, 2013.

Accordingly, the defendant acquired the victim's property by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A specification of transactions;

1. Application of Acts and subordinate statutes for investigation reports (verification of a receipt account of letter payments);

1. According to the pertinent legal provisions on criminal facts, Article 347(1) of the Criminal Act regarding the selection of punishment, and the sentencing guidelines for sentencing of imprisonment, six months to one year are recommended to be sentenced to imprisonment (no recommendation for the basic area of the type of crime, nor a special person). It shall be considered that the Defendant has not recovered from damage as an unfavorable sentencing factor.

However, it shall be considered as sentencing factors favorable to the defendant that the defendant reflects, and that there is no same criminal record.

In addition, the punishment of the same kind as the order shall be determined by comprehensively taking into account all the grounds for sentencing, such as the defendant's age, family relationship and

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