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(영문) 수원지방법원 2017.11.24 2017고단4719
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 12, 2015, the Defendant stated that “The Defendant borrowed money to the victim C’s office operated by Mapo-gu Seoul Mapo-gu Seoul Metropolitan Government B 904, that “It is difficult to exchange the amount of KRW 1.7 billion on the Red bean because it is difficult to exchange the money, and the land amounting to KRW 30 billion, which was received from the son, is not cash liquidity due to the inheritance of a miscarriage, and it is necessary to pay money to the students after a week or 15 days because it is difficult to repay money.”

However, the defendant did not have money of KRW 1.7 billion in Hong Congo, and on the land received from the defendant's 's 's 's 's 's 's 's 's 's '' was loaned KRW 2 billion as security, and there was no intention or ability to repay the 's 's 's 's 's '

Nevertheless, the Defendant, as such, received KRW 1 million from the injured party on March 12, 2015, and received KRW 4,4450,00 in total 18 times from that time by December 14, 2015, in the same manner as the list of crimes in the attached Form, as shown in the list of crimes.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C and D;

1. Application of Acts and subordinate statutes on deposit transactions and account transaction details;

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 suspended execution. Article 62 (1) of the same Act on the grounds for sentencing as follows;

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Order;

1. The scope of the recommended punishment on the sentencing guidelines set by the Sentencing Committee of the Supreme Court Sentencing / [type] the mitigated area of punishment [special mitigation elements] under the mitigated area of punishment [the scope of recommended punishment] under the Sentencing Committee of the Supreme Court Sentencing / [the scope of punishment] from one month to one year; and

2. A large amount of money obtained by deception of this case, which amounts to KRW 44,450,00,00, and the Defendant.

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