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(영문) 대전지방법원 천안지원 2015.10.05 2015고단1329

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 and the victim B are relatives.

On September 14, 2014, the Defendant stated that “The Defendant would immediately repay 2 million won, if the money is insufficient to purchase a rolling stock necessary for the delivery of logistics, due to the lack of money to the victim in front of the Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu.”

However, at the time, the Defendant had no intent or ability to repay the debt to financial institutions and individuals with approximately KRW 250,000,000,000 from the victim, and the amount borrowed from the victim was used for gambling funds.

Nevertheless, the defendant deceiving the victim as such, received 2 million won from the victim to the Agricultural Cooperative (C) account under the name of the defendant on the same day, and received 2 million won from the above time.

9. Until December 22, 200, a total of KRW 208 million was remitted to the said account in total on four occasions, as shown in the annexed List of Offenses.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Application of Acts and subordinate statutes on police statement No. B

1. Article 347(1) of the Criminal Act, the choice of imprisonment with labor, inclusive, with respect to the relevant criminal facts;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Determination of Punishment] General Fraud [Special Characters below KRW 100 million] - In a case where mitigation elements are not imposed or considerable damage is recovered [Determination of the recommended area] / [Determination of the recommended area] one month or one year [the scope of recommendation range] / there is no past record of criminal punishment for mitigation elements / [Scope of punishment] applicable provisions of applicable law: one month or ten years [the period of suspended sentence] : One month or ten years [the period of suspended sentence] - there is no past record of criminal punishment for failure to impose positive punishment / [Determination of sentence] The amount of damage, deception method, execution promise in the course of criminal conciliation is disadvantageous to the defendant.

However, there is no particular criminal history, and it is against it.