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(영문) 서울북부지방법원 2017.01.11 2016고단4437

사기

Text

A defendant shall be punished by imprisonment for not less than five months.

Reasons

Punishment of the crime

[2] The court below's judgment that held that the defendant shall be punished by imprisonment with prison labor for not more than ten months: the defendant shall be punished by imprisonment with prison labor for not more than ten months; the defendant shall be punished by imprisonment with prison labor for not more than ten months; the defendant shall be punished by imprisonment with prison labor for not more than ten months on April 10, 2009; the defendant shall be punished by imprisonment with prison labor for not more than 4290 square meters and 438 on January 21, 1958 (the date on which the term of imprisonment is terminated on October 6, 2009) (where the defendant shall be punished by the suspension of the execution and the released, and the remaining execution has not yet been completed until the remaining period of imprisonment with prison labor for not more than 35 of the Criminal Act, and the defendant shall be punished by imprisonment with prison labor for not more than 300,000 won on August 12, 201, and the defendant shall be punished by imprisonment with prison labor for not more than 3000,000,000.

However, at the time, the defendant did not have a certain occupation but did not have any intention or ability to repay the money even if he borrowed money from the injured party because he did not have any outcome.

In collusion with D, the Defendant, by deceiving the victim, received KRW 20 million from the one bank account under the name of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes to the complaint;

1. A person subject to a special sentencing sentencing in the relevant Article of the Act and Articles 347(1) and 30 of the Criminal Act for the criminal facts and the selection of punishment for the crime: A sentencing sentencing in the relevant Article of the relevant Act as to the crime, and Articles 347(1) and 30 of the Criminal Act (a sentence of imprisonment) is less than 100 million won as the base for the mitigation of the types of punishment: A sentencing in one year and six months from June to June 1 from June to June 2: A person subject to no corresponding sentencing in the basic area (from June to June 1): A sentence of imprisonment for the same kind not falling under a repeated offense): A person subject to a aggravated punishment in June: A confession, etc. during the period of suspension of the execution of punishment for the same type of imprisonment with labor for the same five months: A person subject to a mitigated sentence, such as