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(영문) 서울동부지방법원 2013.10.23 2013고단2156

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On July 1, 2008, the Defendant stated that, at the E office operated by the victim D in Songpa-gu Seoul Metropolitan Government on July 1, 2008, the Defendant stated that “I would repair the house which had been live within 10 days and complete payment of the deposit money, to be a director of F apartment in the vicinity of the old house.”

However, at the time, it is difficult for the defendant to pay money to the victim with considerable financial standing, such as debt, and there is no particular property or income.

As above, the Defendant, by deceiving the victim as above, was issued one cashier’s checks from 150 million won to 150 million won.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of the accused by the prosecution (including parts concerning D's statement);

1. Application of Acts and subordinate statutes concerning D police statements;

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

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (Article 62 (1) of the Criminal Act on the grounds that the defendant has no history of punishment for the same kind of crime, the defendant has agreed with the injured party, and recognized his mistake and reflected