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(영문) 대전지방법원 2013.10.23 2013고단3285

사기

Text

A defendant shall be punished by imprisonment for 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

In fact, even if the Defendant joined the number of KRW 30,00,000 operated by the victim C as a fraternity, and received the fraternity money, the Defendant did not have the intent and ability to pay the fraternity money each month normally. However, on October 21, 2011, the Defendant obtained the victim C with three numbers assigned from the victim, and entered the fraternity at the same place on December 21, 201, the Defendant received the remainder of KRW 30,000,000,000 from the victim’s previous debt to the fraternity and the time limit for receiving KRW 30,000,000,000,000,000,000 won, and received the remainder from the existing victim’s debt disposal, and paid the remainder of KRW 30,000,000,000,0000,000,000 won.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. A copy of a notarial deed;

1. Application of balance sheets and details of transactions which are complainants, but Acts and subordinate statutes;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Suspension of execution under Article 62 (1) of the Criminal Act (i.e., the initial crime, the degree of deception of the instant crime is weak, the circumstances to be considered in the course of the commission of the crime, the circumstances leading to the commission of the crime, and the fact that the mistake is divided by recognizing the crime);

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