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(영문) 대전지방법원 2014.12.23 2014고단406

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On March 21, 2007, the Defendant made a false statement to the victim C that “If the Defendant borrowed money to purchase scrap metal, etc. necessary for electrical construction within the premises of the Gangseo-gu University, he/she would sell the scrap metal purchased, and would have repaid the money without fail.”

In fact, the Defendant received money from the victim, but did not have the intent or ability to repay the money from the victim even though he did not have the intent or ability to repay the money by lending the money from the victim due to the fact that he had filed an application for personal bankruptcy with the court at that time, the Defendant deceiving the victim and received the money from the victim to the passbook in the name of 16,300,000 on the same day as the date of the above three times from April 18, 207 as shown in the list of crimes in the attached list of crimes.

Summary of Evidence

1. Examination protocol of the accused by prosecution;

1. Article 347(1) of the Criminal Act applicable to the criminal facts of the protocol of statement by the police officer against C and the choice of a sentence: The reason for sentencing [the scope of recommending sentence] for the crime group, general fraud (type 1), basic area, imprisonment with prison labor for six months or more, one time a fine of the same kind of fine for six months, one time a suspended sentence of this type of fine, one time a suspended sentence of this type of fine, and one time a suspended sentence of this type of fine for twelve times a suspended sentence of this type of fine, the amount of recidivism, damage amount, the form of criminal law, and the reason for the escape during the public trial;