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(영문) 대구지방법원 김천지원 2018.10.05 2018고단786
사기
Text

A defendant shall be punished by imprisonment 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 February 2, 2012, the Defendant made a false statement to the effect that “The Defendant sent the price of the first goods to the victim, as he would supply the crypian chest to the victim B by phoneing the phone to the cryp Kimcheon-si.”

However, even if the defendant received money from the injured party, he thought that he would use it for the hospital expenses, and he did not have the intention or ability to deliver it to the injured party by purchasing the chickens.

The defendant deceivings the victim as above and thereby his deceivings the victim to the deposit account in the name of the defendant, the amount of KRW 4 million on February 24, 2012, and the same year.

3.3.6 million won, and the same year.

3. 19.4 million won, 5 million won on the same day, and the same year.

4. On 23. 6 million won, the defrauded obtained total of KRW 25 million.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Details of deposit transactions and application of Acts and subordinate statutes related to the deed;

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

1. The main sentence of Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2(1) of the Criminal Act of the community service order [Type 100 million won or less] Class 1 (a) of the General Fraud (a person with special sentencing): In cases where a person intentionally commits a deceptive act with dolusent negligence (a decision in the area of recommendation] mitigation [the scope of recommendation] [the scope of suspended sentence] one month or one year [the scope of recommendation] [the main reason for suspended execution] - Where a person intentionally commits a deceptive act with an incomplete intention: A major reason for consideration (affirmative): In cases where a person intentionally commits a wrongful act with an incomplete intention, there is no effort to recover damage - A general reason for consideration (affirmative) - No general reason for consideration (affirmative).

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