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(영문) 광주지방법원 해남지원 2015.07.09 2015고단108
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

Around December 2007, the Defendant: (a) even if the victim C did not have the intent or ability to pay the punishment, the Defendant had the victim paid the punishment amount to the victim of Namwon-si with the payment of the punishment amount of KRW 900,000 as the contract deposit, and had the victim paid KRW 90,000 to the victim of Namwon-si with the same attitude that the victim would pay the punishment amount without any problem. (b) From December 30, 2007 to October 2008, the Defendant acquired economic benefits equivalent to the same amount by allowing the victim to perform the punishment amount of KRW 26,00,000 from Namwon-si, E and F, and not paying the amount.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes of the Implementation Statement;

1. In full view of the relevant legal provisions on criminal facts and the reasoning for sentencing of Article 347(1) of the Criminal Act (Optional to Imprisonment), the Defendant’s reflectivity, effort to repay damage, health conditions, etc., there is no restored damage even though the defrauded’s profit is not so significant; in light of the place of use of the sale proceeds of the lumbering, there was no intention or ability to pay the victim the service cost finally at the time of reducing the service; and in light of the fact that the victim had the victim provide the service by deceiving property ownership, it is necessary to strictly punish the Defendant. It is so decided as per Disposition

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