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(영문) 인천지방법원 2017.11.30 2017고단7898
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant is a member of the 28th century, and the victim B is a leader.

Although the Defendant joined the Gangnam-gu Seoul Metropolitan Government Office Office 519 on July 1, 2008 and received the guidance money, even if he did not have the intent or ability to pay the guidance money normally, the Defendant would normally pay the money for every seven months (28 weeks) per share of 60,000 won per share of the victim, so that the Defendant may withdraw the guidance money of the old accounts No. 5,7,15.

“Falsely speaking, the victim was admitted to the number fraternity No. 5, 7, and 15 operated by the victim, and then received KRW 1,140,000,000 around July 29, 2008, and KRW 1,140,000,000 around August 12, 2008, and KRW 2,80,000,000 in total, around August 12, 2008.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to B;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 347 of the Criminal Act and Article 347 of the Criminal Act and the choice of punishment for the crime;

1. Article 62 (1) of the Criminal Act on the stay of execution (Considering the necessity for treatment within society, considering the amount of damage not recovered, good electricity, details of complaints, etc.);

1. 【The grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act 【The scope of recommended punishment】 The basic area [6 months - 1 year and 6 months ] of the type 1 of the general fraud [the sentence] shall be determined within the scope of the recommended sentence, and the sentence for six months shall be suspended for one year on the condition that the community service for the prevention of recidivism is provided.

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