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(영문) 대전지방법원 천안지원 2017.06.15 2016고단2718
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On January 28, 2015, the Defendant called the victim C at a hearing and called the victim C on January 28, 2015, with the interest of 2% per month and the principal shall be returned on July 30.

“A false statement” was made.

However, even if the defendant's husband borrowed money from the victim because it is difficult to maintain his livelihood due to the wind that the defendant's husband is bound, he was thought to use it as living expenses, and even if he borrowed money from the victim, he did not have the intention or ability to pay it.

The defendant deceivings the victim as above and was delivered KRW 20 million from the victim.

On March 6, 2015, the Defendant continued to call to the victim and return the principal on September 20, 2015.

“A false statement” was made.

However, there was no intention or ability to repay the money even if it was borrowed from the victim due to the above circumstances.

The defendant deceivings the victim as above and was delivered KRW 20 million from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Complaint;

1. Application of Acts and subordinate statutes on deposit transactions;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of recommendation] general fraud [Article 62(1) of the Act on the Suspension of Execution] lack [Article 62(1) of the Act on the Punishment, etc. of Specific Fraud] [Article 62(1) of the Act on the Punishment, [Article 62(1)] [Article 62(1) of the basic area [Article 62(1) of the Act on the Punishment, etc. [Article 62(1) of the Criminal Procedure] [Ruling on the Punishment, etc.]] of no victim [Article 4(1) of the Act on the Punishment, etc. of Specific Crimes. Meanwhile, there are no records of criminal punishment

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