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(영문) 의정부지방법원 고양지원 2015.11.13 2015고단2228

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

Around March 13, 2012, the Defendant introduced that “B retired from the bureau of KBS and currently D Integrated Construction Chairperson shall be 20 employees,” and that “A bus service is not temporarily revolving, but is not temporarily revolving funds,” to the victim, who was talked with the Defendant at the meeting of Washington on March 13, 2012.” The Defendant stated that “I will make a full payment if I lend KRW 5,000,000 to the Fund.”

However, the defendant did not have worked as the director general of the KBS and did not operate the D comprehensive construction at the time, and there was no intention or ability to repay the money from the victim even if there was no change in income or assets.

Ultimately, the Defendant received KRW 5,00,000 from the victim’s agricultural bank account in the name of the Defendant on the same day, as well as KRW 22,755,00 from March 9, 2012 to August 7, 2014, all of which were written in the attached crime list, as shown in the attached list of crimes, were obtained and acquired through deceptioning KRW 22,75,000 in total as the borrowed money on 29 occasions.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of the accused by the prosecution (including substitution of the suspect);

1. Application of Acts and subordinate statutes of the detailed statement of deposit transactions;

1. Article 347 (1) of the Criminal Act applicable to the crimes;

1. Article 62 (1) of the Criminal Act;

1. In light of the repetition of crimes with reason for sentencing under Article 62-2 of the Social Service Order Criminal Act, and the fact that damage does not completely peep, it is necessary to impose strict punishment.

However, the execution of the crime of this case can be postponed only once in consideration of the fact that some victims' negligence appears in the crime of this case, the defendant's mistake is divided, the fact that there is no past suspension of qualification or heavier punishment, and the defendant's gender, age, economic situation, etc.

It is so decided as per Disposition for the above reasons.