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(영문) 의정부지방법원 2014.07.09 2014고단739

사기

Text

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

except that 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

The Defendant, even if he borrowed money from the victim, was unable to have the intent or ability to complete the payment, and, as of July 22, 2010, the Defendant, while working as an employee from the “D” craft shop operated by the victim C, which was located at the Government-Si, Dong-si on July 22, 2010, concluded that “the mother would purchase the land in the UD zone, but would have borrowed money from the victim,” and received KRW 10 million from the victim by means of a cashier’s check on the same day from that date, and received KRW 7,00,000 in total nine times from that date to September 20, 201 as shown in the attached list of crimes.

In this respect, the Defendant acquired pecuniary benefits by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes on transactions of passbooks;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Reasons for sentencing under Article 62(1) of the Criminal Act for the suspension of execution [decision of the type] of general fraud [Special Character of less than KRW 100 million] - In the case of failure to punish or recovery from damage to a considerable part of the elements of mitigation [decision of the recommended area] [decision of the recommended area] 1 month to 1 year [the scope of recommendation area] ] - there is no record of criminal punishment [the scope of punishment] 1 month to 10 years [the scope of suspended sentence] - The main reasons for the suspension of execution] - Where the substantial positive damage is considerably small or considerable damage is recovered, there is no record of not punishing / [decision of the sentence] / there is no record of criminal punishment [decision of the sentence] 8 months in the suspension of execution and 2 years in the suspension of execution, by taking advantage of trust between the victim and the victim for a period exceeding one year.

However, the defendant is the first offender with no criminal history, and the omission of the defendant pays part of the amount of damage to the victim, and the victim agrees with the victim.