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(영문) 대구지방법원 김천지원 2014.08.27 2014고단617

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

The defendant is between the victim C and the neighbor, who works as a caregiver, and is friendly with the victim.

Around 17:00 on August 21, 2009, the Defendant made a false statement to the victim that he was employed by the victim in the field of dry field owned by the victim in Gumi-si, Gumi-si, Seoul. The Defendant: “I will complete payment of the time limit money on December 2009, if I borrowed 4 million won because I had no money to get.”

However, in fact, the Defendant did not have subscribed to the fraternity as if the Defendant stated the victim at the time, and borrowed money from the victim without any repayment plan whenever living expenses are needed, and there was no intention or ability to repay the borrowed money from the beginning.

Ultimately, the Defendant, as above, by deceiving the victim as above, received 4 million won from the victim on the same day, and received 25 million won in total from around that time to around November 10, 2009 as stated in the annexed crime list by means of the same manner as above, from around nine times in total, as shown in the annexed crime list.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

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;

1. In light of the fact that the reason for sentencing under Article 62-2 of the Social Service Order Act is not a large amount of damage, and that it is not an agreement, the liability for the crime is not easy, but it shall be determined like the order, taking into account the following circumstances: (a) the range of recommended punishment according to the sentencing guidelines [the range of recommended punishment according to the type 1 (less than KRW 100,000,000,000 has been deposited after prosecution; (b) the fact that there is no record of criminal punishment; and (c) the fact that it is contrary to the guidelines: (a) the aggravated area (less than KRW 10,000,000)