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(영문) 광주지방법원 순천지원 2016.09.28 2015고단2388
사기
Text

A defendant shall be punished by imprisonment with prison labor for four 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

On March 6, 2014, the Defendant called “D” operated by the victim C (V, 50 years of age) at the Net City B, and would pay the amount on the fifth day of each month at the delivery of the exchange.

The phrase “assumed.”

However, the defendant did not have any intention or ability to pay the price to the victim even if he/she orders the exchange due to the absence of a certain source of revenue.

Nevertheless, the Defendant, as seen above, ordered the victim to deliver a call call call to the F funeral hall located E in Silung-si, where the Defendant is the place designated by the Defendant, and the victim did not pay the call call amounting to KRW 750,000,000 to the place designated by the Defendant, as shown in the list of crimes in the attached Form, but did not pay the price to the victim, thereby acquiring the pecuniary benefits equivalent to the same amount.

Summary of Evidence

Application of Acts and subordinate statutes to the defendant's legal statement C of the police statement protocol

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

2. Article 62 (1) of the Criminal Act on the suspension of execution;

3. Reasons for sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation [the scope of recommending punishment] In general fraud [the grounds for sentencing under Article 62-2 of the Criminal Act] (Article 62-10 million won or less) [the person who has been specially mitigated] mitigation area (Article 1-1 year or year] [the person who has been subject to punishment] [the person who has been sentenced to punishment] is against the defendant's wrong determination, the amount of damage is less than the amount, and the injured person does not want the punishment

However, in light of the fact that the defendant was punished several times due to fraud, it is highly likely to repeat the crime, so the execution of imprisonment is suspended and the protection observation is ordered to prevent recidivism.

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