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(영문) 대구지방법원 영덕지원 2014.02.12 2013고단255
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 of the final judgment.

Reasons

Punishment of the crime

Around April 15, 2008, the Defendant stated that “the Defendant would give the Defendant KRW 3,000 per 1 pound, half of the price at the time of leaving a nitrous scalis, which is a half of the price at the time of leaving a nitrous scalis, to the Defendant at the office of the Co., Ltd. (53 years old) operated by the Victim D (53 years old) located in the Namyang-si, the Defendant, “The Defendant would give the Defendant an intention to deliver the original intent to the Defendant, if he would leave the contact three days prior to leaving the factory.” However, the Defendant did not have any intention or ability to deliver the original intent even if he

The Defendant, from the victim on the 18th day of the same month, KRW 2 million around the same month, KRW 4.5 million around the 30th day of the same month, and the same year.

5.7.Woo 3.5 million won around July, the same year.

8.7.Around July, 2000, issued each of the above KRW 10 million.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police officer on F;

1. Application of each statute stated in a receipt, each deposit sheet, written confirmation of details of transactions, sales contract, original transaction status, statement of ordinary deposit transactions, investigation report (FF regular telephone communications); and

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act (The following factors of sentencing shall be taken into account):

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of punishment by law] : 1 to 10 years of imprisonment (the determination of a sentence ] / 100 million won of general fraud among the fraud crime group : None of the mitigation factors: [the scope of determination and sentence in the recommendation field] : The basic area of types 1 of general fraud among the fraud crime group : no mitigation factor: imprisonment with prison labor for up to 6 months and one year and 6 months [the general person] : There is no mitigation factor: there is no positive factor of [the main reason for suspension of execution] : In a case where the substantial damage is considerably small: No positive factor of suspended sentence : There is no negative factor: there is no effort to recover damage / [the decision of a sentence] / The defendant ceases to communicate after deceiving the victim by deceiving him/her.

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