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(영문) 대구지방법원 포항지원 2016.06.02 2016고단44
사기
Text

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 October 201, 201, the Defendant told the victim E to the effect that “D” in front of the “D” located in the Northern-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, upon request by the head of the F branch of the Agricultural Cooperative Federation F branch, so that Mabb

However, in fact, the defendant did not have a close relationship between the parties to enter a club as one of the agricultural cooperatives and the president of the Agricultural Cooperatives Federation, etc., and he was only a sub-branch of F branch unrelated to the occupation and use of the club as one of the agricultural cooperatives, and even if he was paid school expenses from the victims, he did not have an intention or ability to open a resort in the club as one of the agricultural cooperatives to the victim.

However, Defendant 1 received 26,081,700 won in total over 23 occasions from the time to April 25, 2012, as indicated in the list of crimes in the separate sheet of crimes, in a place where it is impossible to identify the specific place of time on November 8, 201 from the injured party, as seen above, in which it received 3 million won as school expenses at a place where it is difficult to identify the specific place of time on November 8, 201.

Summary of Evidence

1. Statement by the defendant in court;

1. The protocol or copy of each prosecutor's statement concerning E and H by the prosecution;

1. Application of the details of transactions with each free savings and the written confirmation of deposit transactions;

1. Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment with prison labor, respectively;

1. The aggravated punishment for concurrent crimes prescribed in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes stipulated in the new crime in the annexed Form No. 1 in the one-year list of crimes with the largest penalty);

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

1. The reason for the protection and observation and the reason for the sentencing of Article 62-2 of the Social Service Order Act [the scope of recommendations] under Article 62-2 of the General Fraud Act (the period of punishment shall be less than KRW 100 million). The basic area (the period of imprisonment from six months to one year and six months) [the victim] is also responsible for the occurrence of crime or the expansion of damage.

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