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(영문) 수원지방법원 2015.01.14 2014고단3101
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 November 23, 2009, the defendant borrowed money from the victim C to use it as construction cost even if he borrowed money from the victim C, and even if he did not have the intent or ability to repay his debt properly, the defendant borrowed money from the victim for construction cost of the civil engineering work equivalent to KRW 180,000,000.

‘Falsely speaking to the purport, ‘the sum of KRW 12,00,000 on the same day from the victim and KRW 12,000,000 on January 23, 2010 and KRW 12,00,000 on the same day were received from the victim.

Summary of Evidence

1. Partial statement on the sixth trial date of the defendant;

1. C’s legal statement;

1. Statement to C by the police;

1. Application of detailed statement of financial transactions and statutes;

1. Article 347(1) of the Criminal Act, the choice of imprisonment with prison labor, inclusive, with respect to applicable legal provisions and the choice of punishment for the crime;

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

1. Social service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Articles 32(1)3 and 25(3)3 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings for Compensation - [Type 1] General Fraud Type of Fraudulent Crime Group - Basic Field of less than 100,00,000 won [the field and the scope of recommended punishment] - Imprisonment for six months or more to one year and six months (the decision of sentence] - community service hours of six months suspended sentence for six months - the defendant generally recognized mistake 80 hours in the suspension of six months - the defendant's mistake - the defendant did not have any criminal records exceeding the same criminal records and fines, the amount of damage caused by the crime of this case and the degree of recovery thereof, etc.

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