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(영문) 대구지방법원 2014.04.24 2014고단961

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

On August 22, 2013, the Defendant made a false statement to the victim D, located in the Daegu Suwon-gu C Construction Office, to the effect that “I would purchase vehicles in combination with money in the face of 15,200,000 won, and would make it against the proceeds from sale.”

However, the defendant was in arrears with a total of KRW 70 million at the time and borrowed money from the credit card company to pay the above card price on the ground of seizure of the deposit and household effects of the defendant, and there was no intention or ability to purchase the used vehicle even if he received money from the victim.

The Defendant, as such, by deceiving the victim, received KRW 15.2 million from the victim to the Daegu Bank Account (E) of the Defendant for the purchase of cars on or around the 23th day of the same month.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes on the withdrawal of financial transactions;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of recommending punishment] There is no basic area (6 months to one hundred million won) [the decision of sentencing] [the decision of sentencing] [the defendant has been punished by a fine due to criminal fraud due to the same kind of law; the defendant partly repaid the amount to the victim; the defendant has agreed to pay the amount to the victim; the defendant has recognized mistake in the confession of the crime; the defendant's age, inclination, family relation, etc. are considered, and the sentence shall be determined within the scope of recommending punishment and decided as per the disposition.