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(영문) 수원지방법원 안산지원 2016.03.23 2015고단3173
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 201, 201, the Defendant: “In the vicinity of the C hotel located in Sinsi-si B, the Defendant was placed in the AFTM factory located in Sinsi-si, and the amount of KRW 25 million is required to enter the place.

25 million won will be placed at the seat of the State.

"Around that time, the victim was in charge of the fluoring vehicle in the vicinity, and the victim was introduced one E to introduce him/her, and E was in charge of the fluoring vehicle.

However, in fact, the defendant did not have the intent or ability to introduce the victim with a view to personal consumption with the above money, and Eul was a person who was unrelated to the NAF feed plant.

Nevertheless, on December 8, 201, the Defendant received KRW 1 million from the injured party under the pretext of around December 8, 201, and KRW 25 million under the pretext of around December 14, 201.

Accordingly, the defendant, in collusion with E, obtained a total of KRW 26 million from the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. The loan certificate;

1. Application of Acts and subordinate statutes to account statements;

1. Grounds for sentencing prescribed in Article 347 (1) and 30 (Selection of Imprisonment) of the Criminal Act in relation to the relevant criminal facts and the choice of punishment;

1. Type 1 (less than KRW 100,00) in the basic area (from June to June) in the scope of the recommended punishment;

2. The defendant's age, sexual conduct, environment, circumstances surrounding the instant crime, etc. that reflects the decision of the sentence of punishment, and has not yet been recovered from damage.

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