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(영문) 수원지방법원 2014.10.15 2014고단3326

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

Around September 10, 2009, the Defendant received KRW 20,000,00 from the victim and acquired money from the C Hospital located in Suwon-si, Suwon-si, and the facts did not have the intent or ability to repay money properly even if the Defendant borrowed money from the victim D, the Defendant made a false statement to the effect that “the Defendant would make a restaurant at Seosan, and would make the Defendant repay the money more than three months after lending the money.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Promissory notes;

1. Application of the receipt statute

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

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [type of crime] - Type 1 of general fraud committed by fraud group - basic area of the amount of profit of less than 100,000,000 won [Scope of field and recommendation] - Imprisonment for six months or more to one year and six months of imprisonment [decision of sentence] 2 years of suspended execution of six months - community service 160 hours of suspended execution of six months - the defendant recognized his/her mistake - even though it is not very large, the defendant did not make any effort to recover damage, and all the circumstances, including the defendant's criminal records