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(영문) 대전지방법원 천안지원 2020.05.18 2019고단2198
사기등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

The defendant is a person who operates a facility company with the external villages of the victim B.

Around August 2016, the Defendant knew that the victim wanted to construct a detached house on the Jeju-do ground, and provided the victim with a false statement to the effect that “Do has good opportunity to live in Jeju-do with a low cost of construction materials at low prices. The Defendant sent 15 million won at the material cost, thereby seeking compensation.”

However, the defendant did not have an intention or ability to seek materials as promised by the victim because the financial situation at the time was not good and there was no way to purchase materials at the time, and there was no intention to receive money from the victim to pay the wages of the existing father.

Nevertheless, the Defendant, by deceiving the victim as above, received a total of KRW 50 million, including KRW 15 million from the Agricultural Cooperative (D) under the name of the Defendant for the purchase of materials and expenses from the victim, and acquired money by transfer from the victim, for the purpose of purchasing materials and expenses.

Summary of Evidence

1. Statement of the accused in the second protocol of trial;

1. Each police statement concerning B;

1. Written complaint and petition prepared B;

1. Application of a copy of a bankbook, content certification, and certificate of confirmation to statutes;

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

2. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of applicable sentences by law: Imprisonment with prison labor for not more than ten years;

2. Scope of recommendations according to the sentencing criteria: Imprisonment with prison labor for not less than six months but not more than one year and six months (decision of type): General fraud [Type 1] and no more than 100 million won [the scope of recommendations and recommendations] [the scope of recommendations]: Imprisonment with prison labor for not less than six months but not more than one year and six months.

3. The decision-making defendant has acquired money from the victim and has a considerable amount of money acquired by deception.

These circumstances are disadvantageous to the defendant.

However, the defendant has led to confession and reflect on the crime.

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