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(영문) 대구지방법원 상주지원 2017.04.25 2017고단14

사기

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

[Criminal Records] On November 24, 2015, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (joint intimidation) at the Suwon Giwon method Board on November 24, 2015, and the said judgment became final and conclusive on February 18, 2016.

[Criminal facts] Whether the Defendant’s attempt to live together with “A” on September 26, 201 to the victim C, who had a relationship with the Defendant on September 26, 201, does not need to take place at the seat of Neman’s humma on the Jeju.

The term "to identify the house in which the down payment to seek the house is made".

However, even if the defendant received the money as the down payment from the injured party, he did not have the intention or ability to seek a house with the injured party, and was thought to be used for the personal purpose.

The Defendant acquired the total sum of KRW 10 million from the injured party as the down payment on September 26, 201, KRW 10 million on September 27, 201, KRW 300,000 on September 27, 201, and KRW 2 million on October 4, 201, as the down payment.

Summary of Evidence

1. Statement by the defendant in court;

1. Some statements made to the accused in the protocol of interrogation of the suspect against the prosecution;

1. Statement made by the police against C;

1. Each investigation report (Nos. 9, 11, 17, and 20 in the list of evidence);

1. Recording notes, judgment of small amount, details of transactions in passbooks, details of issuance of checks, and details of account transactions;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, reference for expropriation, and investigation report (No. 21 No. 5 of the evidence list);

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the choice of punishment (in comprehensive, the choice of imprisonment);

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Although the reason for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below) is not good, it is more advantageous to the fact that the defendant recognized and reflected the crime, that the injured party by agreement with the injured party is the preference of the defendant, and that equity should be taken into account with the case where the judgment was rendered together with the crime for which the first head of the judgment became final.