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(영문) 의정부지방법원 2014.04.29 2013고단4488

사기

Text

A defendant shall be punished by imprisonment for six 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

On July 6, 2010, the Defendant made a false statement to the victim E (F prior to the opening of a name) that “I would pay D 4% interest per month on the entry of money while operating the developed game.”

However, in fact, the defendant did not have any intention or ability to pay money even if he borrowed money from the victim because he was in an economically lacking financial obligation equivalent to about 60 million won.

The Defendant, by deceiving the victim as above, caused the victim to transfer the amount of KRW 40 million to the Agricultural Cooperative Account (G) of D, thereby allowing the victim to substitute the amount of KRW 40 million with respect to D.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Three times the third police interrogation protocol of the accused (including the substitute part);

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to accusation forms and copies of deposits without passbook;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the Suspension of Execution [Determination of Punishment] The basic area of sentencing under KRW 100 million [the scope of recommendation] [the scope of punishment] six months to one year and six months [the amount of punishment] - In a case where most of the proceeds of crime are not consumed and held, the serious half [the scope of punishment] applicable provisions of applicable law: January to 10 years [the period of suspended sentence] under Article 347 of the Criminal Act: one month to 10 years [the period of suspended sentence] - Major reasons for writing (the period of suspended sentence] - Unagreement - No effort to recover damage - General reasons for writing for writing of fraud - General participation : In a case where the amount of the proceeds of crime was not consumed and all of the proceeds of crime was not consumed (the decision of sentencing]], the amount of damage of this case is a normal sentence that is disadvantageous to the defendant.

However, in addition to the previous convictions, the criminal records of the suspension of execution are crimes.