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(영문) 대구지방법원 영덕지원 2016.01.13 2015고단243
사기
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On May 208, 2008, the Defendant made a false statement to the effect that “I will complete payment until I want to perform funeral services” to the victim at the victim D’s house located in the 201st century, namely, “I will complete payment until I want to do so. I want to do so until I want to do so.”

However, at the time, the Defendant was unable to pay not only the principal but also the interest to be paid with respect to KRW 25 million borrowed from the Defendant’s wife E over three times in 2006, and there is no intention or ability to pay the said interest even if the Defendant borrowed the said amount from the victim’s wife as above, since there is a situation that it is difficult to repay the interest on the said obligation with respect to the surrounding persons, etc. without any particular property more than KRW 150,000,000.

The defendant deceivings the victim as above, and he obtained cash 3 million won from the damaged person, i.e., the victim, and acquired it by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Each complaint filed by D and E;

1. Application of Acts and subordinate statutes to a report on investigation, a report on investigation, or a copy of each borrowed deed;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Grounds for sentencing under Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 201Da1248, Apr.

1. Imprisonment with prison labor for not more than one year (no aggravated factors among general fraud, less than 100 million won, areas to be mitigated, and special sentencing factors: No aggravated factors among those who are in special sentencing factors; no mitigated factors among those who are in special sentencing factors: No penalty surcharge);

2. General sentencing factors: Aggravation factors - None of the factors to be mitigated - serious half.

3. Criteria for suspension of execution;

(a) Major positive factors: In cases where substantial damage is considerably small, punishment is not imposed;

(b) No major adverse factors:

(c) General positive factors: There is no serious reflectivity or any criminal record of suspended execution or more severe punishment;

(d) there is no reason for general adverse consideration; 4.

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