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(영문) 대전지방법원 2018.06.28 2017고단3686

사기

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, on August 2012, at the Seocho University Hospital, Seo-gu, Seogu, Daejeon, Seo-gu, Daejeon, Don University Hospital, the Defendant attempted to sell the victim C to the victim C with “Seong-gu D operates the E Dondong E dan.

The acquisition fund will be repaid with the loan of KRW 30 million,000,000,000,000,000.

The Republic of Korea currently operates G main points in the Daejeon Seo-gu, Daejeon, and the funeral service is well-grounded, so it is possible to fully pay the proceeds with the proceeds, and if it is not possible to pay the G main points with the proceeds, he/she shall also pay the money.

However, the defendant was not expected to accept E main points from D, and there was no intention or ability to repay even if he borrowed money from the victim because he did not operate any particular income or property at the time and did not operate G main points.

On September 9, 2012, the Defendant received from the injured party the transfer of KRW 20 million from the account under the name of the wife H to the account on September 9, 2012, and KRW 25.2 million from the account under the name of D on September 10, 2012 to the total amount of KRW 27.2 million.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Each investigation report (Submission of a certificate of income amount of a defendant and a detailed statement of entry and departure / Hearing of witness D telephone recorded / Application of Acts and subordinate statutes to criminal records attached to criminal records of the same kind of defendant)

1. Relevant legal provisions of the Criminal Act and Article 347(1) of the Criminal Act regarding criminal facts, the choice of punishment by imprisonment (including reflectivity, partial recovery of damage, intrusion upon the confirmation of the victim of the agreement, etc.);

1. Article 70 (1) and Article 69 (2) of the Criminal Act on the suspension of execution;