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(영문) 청주지방법원 2018.07.19 2017고단2562

사기

Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 October 23, 2014, the Defendant: (a) at the infinite coffee shop located in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu; (b) the Defendant: (c) the Defendant should pay the victim C, a middle school dong-gu, with the money to be paid in full; (d) the amount of the money to be paid in full; and (e) if the business fund needs to be paid in full; (e) the amount of KRW 10 million,000,000,000 is loaned prior to the payment of the money

“The phrase “ was false.”

However, even if the Defendant borrowed money from the injured party, it was thought that it will be used as gambling funds in casino, etc., not business funds, and even if the Defendant did not pay 80 million won already paid to the injured party, he did not have any intention or ability to pay the money, even if he did not borrow money from the injured party due to the absence of certain income or income, and there was no property in the name of the accused.

Accordingly, the Defendant, by deceiving the victim as above, received KRW 10 million from the victim, to the account in the name of D on November 25, 201 of the same year, from the victim, and received from that time a total of KRW 66 million from that time to July 6, 2015, as shown in the list of crimes, from that time.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A detailed statement of each account transaction;

1. Application of one copy of the details of issuing admission tickets to the casino;

1. Article 347 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime concerned;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The observation of protection and the provision of community service order under Article 62-2 of the Criminal Act belongs to a victim with reason of sentencing and using money as gambling funds, etc. The sypy of the nature of crime. The amount of damage is relatively less;

As such, o’s mistake is recognized and reflects. All damages are expected to be repaid and agreed with the victim. o’s other sentencing conditions in Article 51 of the Criminal Act are determined as per Disposition, comprehensively taking into account the sentencing conditions in Article 51 of the Criminal Act.