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(영문) 대구지방법원 포항지원 2016.04.07 2015고단1061
사기
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On November 2012, the Defendant met the victim C with the introduction around 2012, and met the victim C from May 2013 to May 9, 2014, and lived together with the marriage ceremony on February 9, 2014, around March 2015.

On June 7, 2013, when a specific place is unknown with the victim, the Defendant: (a) contacted the victim with Kakakaox, stating that “If the Defendant borrowed money from the victim even if he/she did not have any intent or ability to repay the money; (b) he/she borrowed money from the victim on the one-day transfer limit; (c) he/she borrowed money from the victim on the first day of the next week; and (d) he/she received KRW 5 million from the victim to the deposit account in the name of the Defendant from November 2, 2013; and (d) received from the victim five times in total as shown in the attached list of crimes, five times from the victim, as indicated in the attached list of crimes.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Statement made by the prosecution against C;

1. Details of transactions during a receiving period and contents of the Kakao Stockholm dialogue;

1. Application of Acts and subordinate statutes to each investigation report (related to the submission of data; relating to the submission of suspect data);

1. Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment with prison labor, respectively;

1. former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes prescribed in fraud around August 16, 2013, the largest penalty for concurrent crimes)

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

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommendation] There is no basic area (referring to six months or less than KRW 100 million to one year and six months) [the person subject to special sentencing] [Pronouncement decision] unfavorable: (a) the case is a case by taking advantage of personal trust relationship over a large amount of money exceeding KRW 82 million on several occasions; and (b) the victim is sufficiently recognized as the accused’s deception and the criminal intent by taking advantage of a consistent and consistent statement from an investigative agency to this court and other objective evidence.

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