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(영문) 울산지방법원 2017.08.16 2017고단1320
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 became final and conclusive.

Reasons

Punishment of the crime

around May 2012, the Defendant loaned the money to purchase rice and miscellaneous materials to the victim D in the place of business, “C,” which is a business entity supplied with rice and Do supplied with rice and operated by the Defendant in Gangnam-gu Seoul, Seoul, and the principal would be paid after one month.

“A false statement was made to the effect that it was “.”

However, in fact, the Defendant did not receive money from the Defendant supplied to a commercial building, etc. from February 2012, and there was little amount of money in the sales of rice rice, such as personnel expenses and electricity taxes, from the sales of rice, which had been supplied to employees, and there was no economic circumstance to the extent that the said amount of money would have been delayed for a period of five months. Since there was no other hospital or specific property than the operating profit of the said business establishment, there was no intention or ability to pay money from the victimized party.

Nevertheless, the Defendant, as seen above, was granted KRW 20 million in cash, including KRW 10 million, around May 4, 2012, and KRW 10 million around June 20, 2012, by deceiving the victim and deceiving the victim, as the borrowed money.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

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. Reasons for sentencing under Article 62(1) of the Criminal Act (referring to the part favorable to the following reasons for sentencing)

1. The basic area (from June to June) of the sentencing criteria [the scope of the recommended punishment] and the basic area (from June to June) of the type No. 1 of the general fraud (the scope of the recommended punishment is less than KRW 100 million) (the person who has no special sentencing seal);

2. Based on the above sentencing criteria, the sentence shall be determined as ordered in full view of the following factors, including the defendant's age, sex, environment, and motive of crime:

The favorable circumstances: A confession and reflect in depth, and there is no previous conviction in the same kind, and a previous conviction in the suspension of execution in 195.

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