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(영문) 전주지방법원 2018.11.28 2018고단1473

사기

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On June 2, 2017, the Defendant called the victim C to use the money at a place where it is impossible to identify the place of light on June 2, 2017.

Interest shall be paid one million won per the draft of the interest.

“A false statement” was made.

However, the defendant was engaged in daily labor, and there was no special income, and there was a debt equivalent to about KRW 50 million, and even if he borrowed money from the damaged party, he did not have an intention or ability to repay it.

The Defendant, as such, by deceiving the victim, received 30 million won from the victim to the post office account in the name of D under the pretext of borrowing money.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to a detailed statement of deposit KRW 30 million;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Where the scope of the recommended punishment [the scope of the recommended punishment] according to the sentencing guidelines is [the scope of the recommended punishment] and the area of mitigation (one month to one year) (the area of special mitigation) is reduced (one month to one year), the punishment is not imposed, or damage corresponding to a considerable portion is recovered;

2. In light of the circumstances at which the Defendant, who was sentenced to the sentence, appears to have had no intent and ability to repay the borrowed money from the damaged party within the agreed time, consideration shall be given to the effect that the injured party would not want the punishment of the Defendant by mutual agreement with the injured party in favor of the injured party. In addition, the Defendant’s age, sexual behavior, environment, occupation, family relationship, motive and consequence of the crime, and other factors of sentencing as indicated in the instant records and trial process shall be comprehensively taken into account, and the sentence shall be determined as ordered.