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(영문) 의정부지방법원 2016.09.02 2016고단1759
사기
Text

A defendant shall be punished by imprisonment for not more than ten 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

[criminal power] On May 7, 2015, the Defendant was sentenced to imprisonment with prison labor for a crime of fraud at the Seoul Northern District Court, which became final and conclusive on December 29, 2015.

【Criminal Facts】

around July 23, 2014, the Defendant would allow the victim D to borrow two 1kg C, 500,000,000 won around the exit 11,00,000,00,000,000,000,000 won.

“.........”

However, the defendant did not have the intention or ability to have the victim borrow KRW 500 million even if he/she received a barb from the victim.

The Defendant received from the victim about KRW 90,000,000,000,000 from the market price in the same place.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's statement concerning E and D;

1. An investigation report, investigation report, investigation report, investigation report (F currency of a reference witness), and investigation report (Hearing of a statement of a reference);

1. Previous records: Application of the Act and subordinate statutes to inquire into criminal records, etc., report on the results of investigation before and after a disposition, report on the results of investigation (Attachment to criminal records, written judgments, etc.), investigation report (report on recording of copies of the A Supreme Court Decision);

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act dealing with concurrent crimes;

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the Defendant has already been punished for the same kind of crime several times, and that the sum of the two market values acquired by the Defendant from the victim is considerably large amount equivalent to KRW 90,000,000, it is sufficient to punish the Defendant with severe punishment.

However, the defendant confessions the crime of this case, the victim does not want the punishment of the defendant under the agreement with the victim, and the defendant is ruled.

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