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(영문) 대구지방법원 안동지원 2014.11.28 2014고단862

사기

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around September 9, 2008, the Defendant made a false statement to the victim C, stating, “The Defendant will complete payment within one million won if he/she lends to the victim C the sunken construction.”

However, the fact that the defendant was planned to work only, but did not actually work, and the borrowed money was thought to be used for his own cost of living.

Therefore, the defendant was transferred from the victim to the defendant's new bank account.

In addition, the Defendant received a total of KRW 3,055,00 from around that time to January 9, 2009, a total of KRW 3,055,00 through seven times, such as the attached crime list.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment (generally, choice of imprisonment);

1. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] General Fraud (less than KRW 100,000) and the mitigated area (one to one year) (special mitigation) (one to one year) or where considerable damage has been recovered (the decision of sentence] circumstances of the crime and the degree of damage, the victim and the victim have agreed smoothly with each other; and