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(영문) 의정부지방법원 2014.07.23 2014고단655

사기

Text

A defendant shall be punished by imprisonment for not less than eight 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 December 11, 2012, the Defendant concluded that, at the office of the “C” company located in Seongbuk-gu, Changwon-si, Changwon-si, the Defendant concluded that, “The Defendant,” the Defendant, “D Company,” managing the business body of heavy equipment in the name of “D Company,” and, if the Defendant purchased heavy equipment and leases it to the company that is the head, he/she may pay a large amount of profit.” The Defendant concluded that, “The Defendant borrowed 80 million won to lend sckes so that they can engage in rental business

However, the defendant did not have the intention or ability to pay the profits according to the fact even if he received the investment funds from a company with heavy equipment because of a large personal debt.

Nevertheless, the Defendant, by deceiving the victim as such, received 74 million won, deducting 6 million won as a prior interest from the victim as investment money from the victim, as well as 74 million won from the victim to the agricultural bank account of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of the certificate of borrowing (investigative Records No. 8), certificate of withdrawal of transfer (investigative Records No. 9), business registration certificate (investigative Records No. 13), details of transactions (in the name of the Nonghyup, the suspect), and details of transactions (in the name of the director of a national bank), Acts and subordinate statutes;

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

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (the decision of types): General Fraud (the amount of less than 100 million won): - In a case where the amount of punishment is not imposed or considerable damage is recovered [the decision of the recommended area] [the scope of the recommendation area] 1 month to 1 year [the scope of the recommendation area] ] - 1 year [the amount of general prison punishment] - 1 month to 10 years [the scope of the punishment] - The main reasons for the suspension of execution] - The main reasons for the suspension of execution - The positive reasons for the suspension of execution - There are no criminal records of more than positive half or ten years of suspension of execution [the punishment of punishment and recommendation] : The comparison of the punishment and recommendation types by law in January to 10: 1 year [the sentence by imprisonment in August, 2] , the amount of damage inflicted upon the victim and agreement between the victim].