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(영문) 전주지방법원 정읍지원 2015.04.28 2015고단123
사기
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A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On August 22, 2013, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Gwangju District Court's Netcheon Branch, and three years of suspension of execution was finalized on August 30, 2013.

On February 14, 2011, the Defendant made a false statement to the victim E, stating, “The Defendant would give 30,000 won to the victim E, first of all, in the D model located in the area of the Jeonbuk-gun, North Korea.”

However, even if the defendant received the above payment from the victim, he did not have the intention or ability to rescue the victim.

On the same day, the defendant received 30 million won from the victim's post office account (Account Number F) in the name of the defendant.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Each investigation report (41 pages, 75 pages of investigation records);

1. A complaint;

1. Previous records: Application of inquiries, such as criminal records, and criminal investigation reports (report on binding of judgment of stay of execution of a suspect) Acts and subordinate statutes;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;

1. It is so decided as per Disposition under Article 62(1) of the Criminal Act for the reason that the suspended sentence is above Article 62(1) of the Criminal Act (including the following: (a) the victim has agreed to pay the victim the total amount of fraud and have agreed; (b) the victim does not want the punishment of the defendant; (c) the balance with the case to be judged concurrently with the crime of

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