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(영문) 대구지방법원 포항지원 2019.07.03 2019고단270
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On May 8, 2018, the Defendant made a false statement to the effect that “The Defendant will work in a multi-party run by the Myeong-si Party” in the south-gu B located in the Nam-gu, Chungcheongnam-gu, Chungcheongnam-gu, and that “The Defendant will work in a multi-party run by the Myeong-si Party.”

However, in fact, the defendant had a large amount of obligation, and only intended to use the money received from the victim to repay the debt, and there was no intention to provide labor equivalent to the wages for the victim.

The Defendant received KRW 12 million from the victim to the Agricultural Cooperative (E) account in the name of the Defendant, under the name of the Defendant, for the same day in advance.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes certifying the details of borrowing, receipt, and deposit transactions;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of recommendations on the sentencing criteria [the scope of recommendations] general fraud types 1 (less than KRW 100 million) and the basic area (not less than six months to one year and six months) (no special person);

2. In light of the circumstances indicated in the arguments of this case, such as the Defendant’s age, character and conduct, motive for committing a crime, circumstances after committing a crime, etc., under which the victim was unable to reach an agreement, and the fact that there was no record of having been sentenced to the same kind of crime or of having been sentenced to the suspension of qualification or heavier punishment, etc., the punishment shall be determined like the text.

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