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(영문) 의정부지방법원 2020.12.07 2020고단4023
사기
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who operates C in Sacheon-si B.

On March 3, 2019, the Defendant made a false statement to the victim D by phoneing the victim D on the first place of police officers, stating that “I would deposit money immediately when sending a tree.”

However, in fact, while running landscaping business, the defendant continued to be in a situation of operation due to personnel expenses, equipment costs, etc., and the defendant did not have any intent or ability to pay the price even if he received the trees from the victim, on the ground that there was no ability to pay the E's wage of KRW 2.250,000 and F's wage of KRW 850,00,000, which worked on November 201, and there was no ability to pay the price.

On March 26, 2019, the Defendant received 150 weeks (10,00 won per share) from the victim, from the victim, for six years of 1.5 million won per market price (1.5 million won per share), 7-8 weeks of 633 weeks of 7-8 years of 7.7 December 7, 2019 (20,000 won per share), and from the market price of 2 million won on December 8, 2019, respectively.

Accordingly, the defendant, by deceiving the victim, obtained a total of KRW 1,616,00 won tree and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A complaint, receipt, certificate of confirmation, and statement of transactions;

1. Recording records;

1. Application of Acts and subordinate statutes to the details of an investigation report (Submission of additional data by a complainant), electronic account statement, details of deposit and withdrawal transactions, inquiry into the details of text notes;

1. Article 347(1) of the Criminal Act, the choice of imprisonment with prison labor, inclusive, with respect to applicable legal provisions and the choice of punishment for the crime;

1. The suspended sentence under Article 62(1) of the Criminal Act and all the conditions of sentencing indicated in the records, such as the defendant's age, character and conduct, environment, circumstances before and after the crime, and circumstances before and after the crime, shall be determined as ordered by the court.

Normals which are disadvantageous: The normal conditions in which the amount of fraud is considerably favorable: The confession and the fact that one's mistake is divided, and the fact that the victim and the victim have been fully agreed.

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