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(영문) 의정부지방법원 고양지원 2016.01.15 2015고단2935
사기
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A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On May 15, 2015, the Defendant, “E” operated by Jongno-gu Seoul Metropolitan Government Victim D on May 15, 2015, would pay the amount immediately after the Defendant sold the Montreal to the customer who is in need of the Montreal.

“A false statement” was made.

However, at the time of fact, the Defendant had no intent and ability to pay the amount even if he/she receives the Montreal from the injured party, because the Defendant has been in excess of his/her obligation to the extent of filing an application for the individual rehabilitation between full-time and full-time, and as such, he/she thought that the injured party would repay his/her other debt to the money sold by the Montreal.

The Defendant, as such, by deceiving the victim, received the victim’s property amounting to KRW 6,50,000 in the amount equivalent to KRW 1.03CT F/VS21 and the amount equivalent to KRW 6,80,000 at the market price on the 26th day of the same month from the victim, of the same day. The Defendant received the victim’s property amounting to KRW 13,30,000 in the aggregate of KRW 1.02CT F/VS21.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes of the personal rehabilitation order;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The fact that the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is not small, and the injured person is grossly punished against the accused.

In this case, there is no record of crime to be taken into account in this case, and there is a misunderstanding in this court for the first time, and in this case, the defendant's gender, age, support relationship, and economic circumstances are taken into account. The execution is suspended only once, taking into account the defendant's sex, age, support relationship, and economic circumstances.

It is so decided as per Disposition for the above reasons.

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