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(영문) 춘천지방법원 원주지원 2019.08.13 2019고단453
사기
Text

A defendant shall be punished by imprisonment for six 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 December 25, 2016, the Defendant made a false statement to the effect that “The Defendant would pay the Defendant rent to the Victim B after lending the sofaging machine to the Corporation.”

However, the defendant did not have the intention or ability to pay the rent properly even if he borrowed the scambling machine from the victim.

Nevertheless, as above, the Defendant, by deceiving the victim and taking the softener from the victim, acquired the pecuniary benefits equivalent to 12,001,000 won from December 25, 2016 to January 14, 2017.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. - Electronic tax invoices;

1. Application of Acts and subordinate statutes to investigation reports (the results of inquiry into personal credit information of suspects);

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of punishment by law: Imprisonment for one month to ten years;

2. Reduction factors of less than KRW 100,00 [type 1] reduction factors: In a case where a person intentionally commits a deceptive act without fault or a case where the degree of deceptive act is weak (the recommended field and the scope of recommendations), reduction area, one month to one year; and

3. Determination of sentence: Determination of sentence, in full view of the fact that the injury was not completely recovered in addition to the above sentencing factors, and all other circumstances, including the Defendant’s age, character and conduct, the environment, motive and background of the crime, the result of the crime, and the circumstances after the crime, etc., the sentence as set forth in the text, shall be determined.

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