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(영문) 청주지방법원 2017.02.09 2016고단1646

사기

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On January 28, 2009, the Defendant would pay KRW 30 million to the injured party B who was prepared to operate the Franchising point from the Cheongju-dong, Yongsan-gu, U.S.C. in order to pay KRW 30 million to the injured party B at a monthly level.

“A false statement was made to the effect that it was “.”

However, the defendant did not have the intention or ability to work at C's main point, and even if he borrowed 30 million won from the injured party due to the absence of any particular property, he did not have the intention or ability to repay it.

On January 28, 2009, the Defendant, by deceiving the victim, had the victim transfer KRW 25 million to D on January 28, 2009, and received KRW 5 million in cash.

Accordingly, the defendant acquired 30 million won from the injured party.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes on a copy of passbook transaction, and a certificate of borrowed money;

1. Article 347 (1) of the Criminal Act, and the choice of punishment for the crime;

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

1. The community service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Articles 25(1), 31(1), and 31(2) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits for Compensation Order: The circumstances that are advantageous to the fact that the damage has not been recovered: the fact that the damage has not been recovered; the fact that the victim has repaid the amount of KRW 10 million to the victim after the closure of pleadings; the first offender who has no record of punishment; and other circumstances shown in the records and arguments, such as the defendant's age, sexual behavior, environment, and the background of the crime, etc., shall be determined as per the disposition.