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(영문) 의정부지방법원 고양지원 2017.03.16 2016고단3132

사기

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On August 28, 2014, the Defendant is required to pay 10 million won as attorney's fees to the victim E by telephone from the D packing c and 1st century in the city of Pakistan on August 28, 2014, in order to find that the father's father in the present city has died due to traffic accidents.

On the face of lending money, an attorney-at-law is appointed to find the deposit money, and he/she shall pay the money within one week after finding the deposit money.

“The phrase “ was false.”

However, the defendant did not appoint a lawyer to find the actual traffic accident deposit, but tried to appoint a lawyer to file a lawsuit for registration of transfer of ownership based on testamentary gift or the claim for return of legal reserve, so there was no deposit to be paid, and there was no intention or ability to repay the borrowed money within a week.

The defendant deceivings the victim as above and acquired the amount of KRW 10 million from the national bank account in the name of F, which is the defendant, from the victim on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the accused by the prosecution (including the G substitute part);

1. Statement made by the police for E;

1. The application of Acts and subordinate statutes on the certificate of loan transfer of KRW 10 million, and the application of KRW 10 million;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. The reason for sentencing under Article 62(1) of the Criminal Act on the suspension of execution is that the Defendant actively induceds the victim to commit the instant crime.

The defendant has been punished twice for fraud (one penalty, one time for the suspension of the execution of imprisonment, and one time for the suspension of the execution of imprisonment).

The defendant did not agree with the victim.

However, there is no record that the defendant is against himself/herself, and there is no record of punishment exceeding a fine for about 26 years.

In order to recover damage, the defendant deposited 10 million won, which is the full amount of damage.

In addition, all of the sentencing conditions identified in the records of this case, such as the defendant's age, sex, environment, relationship with the victim, motive of the crime, circumstances after the crime, etc., shall be added.