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(영문) 인천지방법원 2014.07.17 2013고단7716
사기
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] The Defendant was sentenced to six months of imprisonment with prison labor for the crime of uttering of forged securities at the Jung-gu District Court on March 19, 2014 and the said judgment became final and conclusive on March 27, 2014.

【Criminal Facts】

On May 8, 2010, the Defendant made a false statement to the victim C, stating that “A person shall be paid KRW 10 million if he/she lends KRW 10 million to a third party in order to receive an order for a sales agency day.”

However, the defendant was thought to use money for living expenses, etc. from the victim, and there was no intention or ability to pay within three months.

Nevertheless, as above, the Defendant, by deceiving the victim as above, received KRW 600,000 in cash from the victim, and received KRW 5,500,000 in total by receiving KRW 4,90,000 from the account in the name of his father and wife D.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Statement made to C by the police statement;

1. Statement of the loan certificate;

1. Previous convictions in judgment: The defendant's legal statement, criminal records, investigation reports, fixed date of punishment, inquiry of the summary of the case agreement, and application of respective statutes of the judgment;

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 concerning concurrent crimes;

1. The reasons for sentencing under Article 62(1) of the Criminal Act (see the following reasons for sentencing) are seriously against the defendant, taking into account the fact that the defendant has agreed with the victim, the fact that he/she has been tried simultaneously with the final and conclusive judgment, equity in the case that he/she has been tried at the same time, etc.

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