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(영문) 창원지방법원 2016.04.21 2015고단3093

사기

Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Majority Opinion by Justice Chang-won District Court on Nov. 7, 2014, the Defendant was sentenced to one year of suspension of execution on April 17, 2015 due to the charge of forging private documents and the charge of conducting the above investigation documents, and the above judgment became final and conclusive on Apr. 17, 2015. The indictment stated that “The Defendant was sentenced by the Chang-won District Court on Apr. 9, 2015 to the charge of forging private documents, the charge of forging the above investigation documents, and one year of suspension of execution, and the above judgment became final and conclusive on Apr. 17, 2015.” However, according to the Defendant’s criminal history inquiry and investigation report (Attachment of the judgment, etc.), the Defendant was sentenced to a suspended sentence on Nov. 7, 2014 by the prosecutor on Apr. 15, 2015, and was sentenced to a correction of the above facts charged by the prosecutor on Apr. 25, 2014.

[2] On July 2013, the Defendant was guilty of KRW 40,000,00,000, and there was no special property or income, and thus, the Defendant became aware of only the mobile phone conditions through the website. On January 2014, the Defendant was aware of the fact that he/she received money from the victim D by using his/her teaching system with a false representation.

On February 9, 2014, the Defendant, at the home of the Defendant located in the window C of Changwon-si on his own phone, sent a cell phone text to the victim “B only one Do and 1.5 million won, and the Defendant, at the home of Changwon-si on February 9, 201, would resolve the flap flabs in the flag of the wall;

The phrase “The Government of the United States Republic of Korea Government” was false in the State of the United States of America.

However, at the time of fact, there was no money from the next week, and there was no intention or ability to repay the borrowed money.

As such, the Defendant deceivings the victim, and receives 2.6 million won from the victim on the same day, as well as from February 3, 2014 to April 16, 2015.