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(영문) 춘천지방법원 원주지원 2015.05.12 2015고단118

사기

Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 23, 2013, the Defendant made a false statement to the victim C that “I would pay the profits without a mold 10 days after the loan of money to the victim C in the way of selling the money,” from the corridor No. 604, “B Officetel at Won-si, in the manner of lending the money.”

However, in fact, the defendant thought that he would use the money borrowed from the victim as gambling funds or food expenses, and there was no intention or ability to repay the money as promised to the victim due to the absence of a certain amount of income.

The Defendant received KRW 2.4 million from the victim’s seat to the Agricultural Cooperative (E) account in the name of the Defendant’s father, and received KRW 11.8 million in total on four occasions from the above date to February 1, 2013, such as the statement in the list of crimes in the attached Table, from the above date to February 1, 2013.

Accordingly, the defendant was given property by deceiving the victim four times.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes of a cash storage certificate, a copy of contents certification, and a statement of transactions;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment (generally, choice of imprisonment);

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on Probation and Social Service Order [Determination of Punishment] General Fraud [Scope of Punishment of less than KRW 100 million] : Statutory penalty under Article 347 of the Criminal Act: One month to ten years [Scope of Recommendation and Recommendation], six months to six months [General Penalty] - Whether or not to suspend the execution of sentence] - Major reasons for entry: Unagreement - Major reasons for entry: Partial recovery of damage (determination of sentence] : Imprisonment with prison labor for the same kind of crime and positive damage (determination of sentence), two years of probation, probation, community service order 160 hours: The defendant has been punished several times for fraud, and it was not agreed with the victim.

However, the amount of damage in this case is not so significant, and some of them were repaid.

. These circumstances.