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(영문) 청주지방법원 2017.01.05 2016고단1261
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 2015, the Defendant sent to C, who is the husband of the victim B by telephone from the first place of police on October 2015, the amount of KRW 24.55 million.

different types.

The amount of KRW 2,450,000 shall be paid on behalf of the owner, and the payment shall be made in the name of the vehicle after paying the installments of the Tracter.

The phrase “ makes a false statement.”

However, at the time, the Defendant did not have any revenue or property, and there was an idea that he would pay the above money with his premium and franking, so even if he received the above money, he did not have any intention or ability to transfer the name of the track to the victim.

Therefore, the Defendant was accused of the victim and transferred KRW 2,455,00 to the Agricultural Cooperative Account in the name of the Defendant around October 12, 2015 from the victim who was deceiving the victim as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. A detailed statement of deposit transactions;

1. Investigation report (Attachment to the ledger of driver's licenses of suspects A), investigation report (Attachment to the register of motor vehicles registration);

1. In light of the investigation report (C statement hearing) (the defendant used the amount equivalent to his/her daily expenses or the amount of oil payment in return for his/her promise to pay the full payment of the amount he/she has received from the injured party, and the defendant eventually failed to pay the full payment of the amount of 14.9 million won in lieu of an installment, there was an intentional fraud against the defendant.

[3]

Application of Statutes

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Basic area of less than 10 million won in the scope of recommendation of the sentencing criteria (from June to June); and

2. In full view of all the circumstances, such as the fact that a person has deposited 7 million won for the victim who has been sentenced to a sentence, the fact that there is no previous conviction exceeding the same kind and fine, and the age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime.

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