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(영문) 수원지방법원 성남지원 2016.05.18 2016고단620

사기

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 19, 2009, the Defendant stated that “I will lend money to the victim C by telephone, and will pay a few times of the investment of stocks.”

However, the defendant did not have any special income or property at the time, and thought that he would use the money received from the victim for the cost of living, so even if he borrowed the money from the victim, he did not have any intent or ability to repay the borrowed money to the victim through

Around October 19, 2009, the Defendant received KRW 25 million from the victim’s victim’s account (Account Number D) managed by the Defendant, and received KRW 25 million from the victim’s victim’s victim’s victim’s victim’s victim’s victim’s account, and received KRW 26.4 million in total from October 14, 2008 to February 14, 201, as indicated in the attached crime sight table.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes on trading specification lists;

1. Article 347 (1) of the Criminal Act, and the choice of punishment for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. A comprehensive consideration of the reasons for sentencing under Article 62(1) of the suspended sentence under the Criminal Act, such as the Defendant’s age, sexual conduct, environment, motive for the instant crime, etc., and the conditions for sentencing indicated in the arguments and records. In particular, the fact that the amount of damage has not been recovered to the victim is disadvantageous to the victim. In light of the favorable material that the Defendant did not have any criminal history, and that the damaged person does not want the Defendant’s punishment by paying the amount of