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(영문) 전주지방법원 군산지원 2017.02.08 2016고단1310
사기
Text

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

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

Reasons

Punishment of the crime

On February 23, 2016, the Defendant made a false statement to the victim, “I will immediately give his or her son’s money,” at the victim C’s place of residence in the following cities: (a) the victim’s place of residence in the following cities:

However, the Defendant was a bad credit holder at the time, and there was no intention or ability to repay the amount even if he borrowed money from the injured party because there was no specific property or income from the personal debt of five million won.

Nevertheless, the Defendant received KRW 300,000 from the injured party to the Agricultural Cooperative Account in the name of the Defendant’s father on the same day. From around that time to July 13, 2016, the Defendant received KRW 33,800,000 in total from around nine times in a similar manner as in the list of crimes in the attached Form.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to the written complaint and written confirmation of transactions of entrance and departure;

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

1. The grounds for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of the recommended sentence] general fraud (one month to one year) [the person subject to special mitigation] in the mitigated area (one month to one year] [the person subject to special mitigation], or in the case where considerable damage was restored [the decision of sentence], the defendant reflects his mistake, agreed with the victim, and other circumstances that are conditions for the sentencing of this case, such as the defendant's age, sex behavior, environment, etc., shall be determined as per the disposition.

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