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(영문) 대전지방법원 2017.06.14 2016고단3456

사기

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On December 24, 2012, the Defendant issued a false statement to the victim C at a public parking lot in the Dong-dong, Daejeon-gu, Daejeon-dong, Daejeon-dong, Daejeon-dong, 30-1, stating that “The Defendant would cancel an auction and sell the house and pay the house within 15 days, as the house was commenced and the house was urgently needed.”

However, even if the defendant borrowed money from the injured party, he did not have the ability or intent to repay it.

The defendant deceivings the victim as above, and he acquired 12 million won from the victim to the Agricultural Cooperative Account in the name of the defendant D.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A certificate of confirmation of requests for remittance of others;

1. Receipts:

1. Application of the statutes governing apartment sale contract;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act: Determination of a sentence that leads to confessions and reflects in favor of the fact that damage to a victim is not recovered: Determination of a sentence that has no record of the same kind of crime: Other conditions different from the above circumstances, such as the defendant's age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc.,