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(영문) 대전지방법원 2014.11.28 2013고단4570

사기

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On February 4, 2013, the Defendant: (a) calls from the victim C, who was aware of a place where it is unknown, at a place where it is unknown; and (b) calls to the victim C to sell real estate at auction; (c) borrowed KRW 3.3 million; and (d) there is a deposit of KRW 3.3 billion.

2.15.Before maturity, a deposit shall be recovered;

“The phrase was false.”

In fact, the Defendant had no particular revenue at the time, and was thought to use the borrowed money for living expenses, etc., and even if the personal debt at the time was about KRW 20 million and the Defendant did not have the intent or ability to repay the money within the agreed time limit, even if he borrowed money from the victim, as above, the Defendant, by deceiving the victim as above, received 3 million won from the victim to the agricultural bank account in the name of the Defendant for the same day from March 12, 2013, from that time on nine occasions, including the transfer of the money from the victim to the agricultural bank account in the name of the Defendant, by the same method as shown in the list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 (1) of the Selection of Punishment (Overallly, Selection of Imprisonment);

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 25(3)3 and Article 32(1)3 and (2) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits to Dismiss Compensation Order [the scope of recommending punishment] : fraud crime group, general fraud (type 1), aggravation area, imprisonment with prison labor for one year or more to two years [the decision of sentence] 6 months, imprisonment with prison labor for one year or more and one fine for the same kind of fine for two years under suspended execution (one month). However, during the trial, 500,000 won has been recovered by a serious effort, such as faithfully paying 50,000 won each month during the trial, and the fact that 5,500,000 won has been recovered by the substantial damage, the fact that the substantial damage is considerably small, and the fact that the damage will continue in good faith in the future, and the creation of basic living expenses.