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(영문) 춘천지방법원 원주지원 2017.09.13 2017고단521

사기

Text

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

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

Reasons

Punishment of the crime

The Defendant and the victim B are those known in the “D” social welfare facilities located in the original state C.

Around March 2008, the Defendant made a false statement in the above D, stating that “I will lend money to the victim after one month, so I will lend money to the victim.” However, the Defendant did not have any intention or ability to repay money in a timely manner even if I borrowed money or a plaque from the victim.”

Nevertheless, from March 2008 to March 2008, the Defendant acquired 3,90,000 won in cash from the injured party, 5 million won in check, and 1,859,000 won in total and 1,859,000 won in cash, and acquired 2,000 won in cash from the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecutor with respect to B;

1. Application of Acts and subordinate statutes to loan deeds, transaction specifications, and quality guarantee certificates;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be considered as favorable to the Supreme Court);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Where the person intentionally commits the act of deception in the reduction area (one month to one year) (special mitigation person) in the reduction area (one month to one year), or the degree of deception is weak, on the grounds that the person committed the act of deception in the sentencing criteria [the scope of the recommended punishment] of the general fraud; and

2. The sentence shall be determined as ordered in consideration of the sentencing conditions shown in the records, such as the defendant's age, sex, environment, motive and circumstances after the crime, as shown below the sentence, and other circumstances.

The favorable circumstances: part of the amount of damage ( approximately KRW 2.5 million) was repaid.

The degree of deception is weak.

There shall be no electricity nor the same electricity that has been punished exceeding the suspension of execution.

A significant portion of damage was not recovered, and the victim was punished for the defendant.

It is not good to commit a crime using personal trust relationship.