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(영문) 서울남부지방법원 2014.06.26 2014고단974

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

On Oct. 1, 2009, the Defendant told the victim C to the effect that “I will pay 25 million won after three months if I lend money for construction work.”

However, the defendant did not have any property as a bad credit holder at the time, and even if he borrowed money from the victim, he did not have any intent and ability to pay the money properly.

The Defendant acquired 25 million won from the victim to the Industrial Bank of Korea account in the name of the Defendant’s fatherD.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the accused recognizes and reflects the crime, and the fact that the accused has no criminal record of a fine or heavier punishment);

1. Social service order under Article 62-2 of the Criminal Act;