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(영문) 수원지방법원 안산지원 2014.03.19 2014고단106

사기

Text

A defendant shall be punished by imprisonment for four 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

The defendant is a person who has operated C in Ansan-si, Ansan-si B.

On February 21, 201, the Defendant received KRW 50,00,000 from the victim’s bank account in the name of the Defendant on the same day from the victim’s bank account (H) on the same day by stating that “the Defendant would deliver the scrap metal of KRW 800,000,000 from the Daumam G because there exists any scrap metal of KRW 50,000,000.”

However, even if the Defendant was unable to receive the scrap metal from Dabam G at the time, he made a false statement as above, and received a gold of KRW 50,000,000 from the victim, and then paid KRW 15,000,000 to obtain the remainder of KRW 35,00,000.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes on lists of Transactions by Account;

1. Article 347(1) of the Criminal Act applicable to the crime, the choice of imprisonment;

1. Suspension of execution under Article 62 (1) of the Criminal Act ( normal consideration of the fact that the injured party does not want the punishment);