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(영문) 서울중앙지방법원 2014.07.04 2014고단2499

사기

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On December 2, 2013, the Defendant issued a false statement to the victim C in Jongno-gu Seoul, Jongno-gu Btel 301, stating that “If the Defendant sells within four days the half of the half of the half of the half of the half of the half of the half of the half of the half of the half of the half of the half of the half of the half of the half of the half of the half of the half of the half of the half of the half of the half of the half of the half of the half of the half of the year

However, the defendant had no intention or ability to deliver the release price to the victim even if he/she sold the release on bail because he/she used the above release on bail for repayment of his/her personal obligation.

In other words, the Defendant received from the victim the delivery of 17,00,000,000 won of female lusium (5,000,000 won of the market price, 13,000,000 won of the market price, 13,000,000 won of female lusium (3,000,000 won of the market price) and 1,000,000 won of the market price (4.9,000)

Accordingly, the defendant was given property owned by the victim by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of police statement protocol to C

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 (1) of the Election of Imprisonment or Imprisonment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] General Fraud (100 million won or less) [Article 62(1) of the Act on the Suspension of Execution] where punishment is not granted or considerable damage is recovered [Article 62(1) of the Act on the Suspension of Execution] (Article 62(1) of the Act on the Suspension of Execution (Article 62(1) of the Punishment and Punishment of Specific Fraud] [Article 62(1) of the Act on the Suspension of Execution and Punishment of Specific Fraud (Article 62(1) of the Act on the Punishment, etc. of Specific Fraud (Article 1-1 of the Act on the Punishment, etc.): The defendant has already received two times the suspended sentence for the same kind of crime: The crime