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(영문) 의정부지방법원 고양지원 2013.08.02 2013고단770

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

In fact, the Defendant borrowed only the name of C, which was used by C, and was not the Chairperson of C, but ordered C to remove the goods at the time of Sejong, but the name of C as the Chairperson of C, the victim D, who was not the owner of the goods at the time of Sejong, ordered C to remove the goods at the time of Sejong, and ordered C to remove the goods at the time of Sejong.

After that, on January 201, 201, the Defendant made a false statement to the Defendant’s office located in the third floor of Eunpyeong-gu Seoul E building, stating that “C is required to perform the Sejong E building removal works, and the office rent and operating expenses are required as it lent the office. If the office is lent KRW 30 million, the office fee and operating expenses will be repaid after 2-3 months.”

However, the facts are well known by C or the Defendant and the Defendant that the F did not receive the order of the Sejong City Removal, and the Defendant did not have the capacity to receive the order of the Sejong City Removal Removal. Therefore, the Defendant did not have the intent or ability to reduce the Sejong City Removal Removal, and even if the Defendant borrowed money from the victim due to no particular property at the time, there was no intention or ability to make the repayment.

As such, the Defendant, by deceiving the victim, received KRW 30 million from the victim as the borrowed money on January 29, 201, from the Defendant’s agricultural bank account.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of the accused by the prosecution (including DNA statements);

1. Statement of D police statement;

1. Application of the service contract, the Acts and subordinate statutes of the table requesting the details of transactions not requested;

1. Relevant Article 347 (1) of the Criminal Act, the choice of imprisonment with prison labor (the amount of punishment is substantial, outstanding payment, etc.);

1. Suspension of execution under Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act that the defendant repents his mistake, there exists no past and criminal record, the circumstances leading to the instant crime, and the circumstances after the crime);

1. The order of the community service order is issued for the reasons of more than Article 62-2 of the Criminal Act;