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(영문) 대구지방법원 의성지원 2016.03.31 2015고단213
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 2003, the Defendant reported the marriage with the victim C on November 2003, and subsequently divorced by agreement on May 201.

Around November 2014, despite the fact that the Defendant received a large amount of other obligations, it is not sufficient to fully repay the obligations, but there is insufficient money to the victim who instructed the demand to operate a coffee shop by telephone.

If a person lends KRW 20 million to another person on February 2015, he/she will receive money from another person.

If he/she fails to receive the money, he/she is paying the amount of money. On April 15, 2015, he/she receives the amount of money of KRW 40 million, and he/she receives the money.

"Falsely speaking, the victim was transferred KRW 12 million to the Agricultural Cooperative Account (E) in the name of the defendant at around November 12, 2014, at the victim's residence located in Seongbuk-gun, Kim Sung-gun around 12, 2014.

From around that time to February 26, 2015, the Defendant received 39.5 million won from the injured party through seven times in total, such as the list of crimes in the attached Table.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the suspect against the accused by the prosecution (including the C statement);

1. C Legal statement;

1. Investigation report (for reference F telephone conversations, for reference witnesses G, H, and I telephone conversations);

1. Application of Acts and subordinate statutes to the details of new financial transactions with the Agricultural Association, and those of reply to the movement in South and North Korea;

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 reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes [the scope of recommending punishment] The general area (from June to one year and six months) (the decision of sentencing) (the decision of sentencing between six months and one year and six months) (the decision of sentencing] unfavorable to six months), the defendant does not seem to have any attitude that is serious to the recovery of damage while denying the instant crime.

- The damage has not been recovered at all, and the victim is punished by the defendant.

The favorable circumstances - The defendant does not have the same criminal records.

- The victim is the defendant.

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