사기
A defendant shall be punished by imprisonment for not more than ten months.
Punishment of the crime
Around August 5, 2012, the Defendant stated that “A victim C, who had livedd with the Defendant at the construction site of a golf course in the address not located in the Chungcheongju at the time on August 5, 2012, who had been living together with the Defendant at the time on the premise of marriage, constitutes a false statement that “it is necessary to construct a golf course at this place, and it is necessary to lend money to him/her, and at that time, he/she will repay the money.” In addition, if the construction is carried out, he/she would havep
However, in fact, the defendant did not have any right in relation to the construction of a golf course, and the defendant was not in a situation where the defendant specifically proceeds with respect to the construction of a golf course under the condition that the construction of a golf course was about 70%, and there was no special property or income, so there was no intention or ability to repay as agreed, even if he borrowed money from the victim.
The Defendant received KRW 10 million in cash from the victim around August 5, 2012 and received KRW 52 million in cash or deposited in the Agricultural Cooperative Deposit Account (Account Number: D) in the name of the Defendant, as shown in the attached crime list, from around that time to September 22, 2012, for total amount of eight times, from around August 5, 2012, as well as from around the time to around September 2, 2012.
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Application of the police protocol law to C
1. Relevant Articles of the Criminal Act and reasons for sentencing under Article 347 (1) of the Criminal Act of the option of imprisonment for a crime;
1. The scope of punishment by law: Imprisonment with prison labor for not more than ten years;
2. Application of the sentencing criteria;
(a) Determination of types: Fraudulent crimes, general fraud, and type 1 (less than KRW 100 million);
(b) A special breeder: No person;
(c) Scope of recommendations: Basic area, six months to one year and six months;
3. Determination of sentence: the one-year imprisonment, the fact that there are many previous convictions, including the one-year imprisonment, and the one-year imprisonment, and the restoration of damage.