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(영문) 대구지방법원 포항지원 2017.02.07 2016고단1604

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On August 2010, the Defendant: “A victim C, who became aware of a shot in a place unknown to him/her, performs clothes funeral services in the Sungnam D market.”

However, because there is no money to purchase clothes, if you lend money to do funeral services, they will be repaid until July 25, 201.

“.....”

However, in fact, the Defendant did not have any fixed income or property because it was not well sold at the time, and there was no intention or ability to repay the money received from the injured party even if he borrowed the money from the injured party, because it was thought that the money was used for living expenses and repayment of debts.

Accordingly, the Defendant, by deceiving the victim, received cash of KRW 10 million from the victim 4,00,000 from the victim on August 21, 2010, or received money from the victim on five occasions from the victim from the victim to June 12, 201, as shown in the list of crimes in the attached Table, in the Defendant’s vehicle parked in the public parking lot located in Sungnam-gu, Sungnam-gu, Incheon Metropolitan City, 201, and received cash of KRW 10 million from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol related to E, F, C, and G;

1. A copy of a work process certificate, written consent to towing by waiver of a vehicle, copy of a certificate of custody of each cash, or copy of a passbook;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of a credit report);

1. Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment with prison labor, respectively;

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes against victims G with the largest criminal situation) of the Act on the Aggravated Punishment of Concurrent Crimes (an aggravated punishment for concurrent crimes as provided for in fraud around February 26, 2011 against the victims G with the largest criminal situation) [the scope of recommending punishment] general frauds where multiple victims are subject to aggravated area (one year to two years and six months) (a person with a special aggravated punishment) [a person with a sentence] of aggravated area (one year to one hundred million won), or repeatedly commits a crime for a considerable period of time (a decision of a sentence of punishment], the defendant's mistake is against the defendant's recognition of the crime, and a suspended execution for approximately 21 years is followed.