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(영문) 대전지방법원 천안지원 2014.02.06 2012고단542
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant is true.

In addition to being aware of the head of the headquarters of the business (main) and even if he/she received money from the victim C, he/she was thought to consume it for the cost of living with the victim. Thus, even if he/she did not have the intent or ability to carry out funeral with the victim, he/she was aware of the fact that he/she did not have the intention or ability to carry out the funeral at the original bus terminal at around November 20, 2010, the victim C knew of the 10 million won, "the main funeral within the primary green field," and the victim C was aware of the main funeral at around November 20, 201, and the head of the headquarters requested 10 million won to carry out the funeral at around 1,000,000 won and then he/she was able to carry out the funeral within the primary green field at around 1,300,000 won and remitted money to the defendant's account at around 1,201,201."

Summary of Evidence

1. Statement of the accused in the third protocol of trial;

1. Examination protocol of the accused by prosecution;

1. Statement made by the police in relation to C (including the statement made at an examination of the public nature);

1. Application of the Acts and subordinate statutes of a duplicate of passbook and a list of self-reliance deposits;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting the crime, Article 347 (1) of the Criminal Act selection of the penalty, and reasons

1. The scope of applicable sentences: Imprisonment for one month to ten years;

1. Determination of types: Type 1 because the amount obtained by deceit is less than 100 million won among the general fraud crimes;

1. Special supporters: None of the persons;

1. Scope of recommendations: Imprisonment with prison labor for six months to one year, since it is the basic field among types 1 of general fraud crimes;

1. Division of suspended execution: Irregularly - Major negative causes: Unagreement - General negative causes: It is possible to have a criminal record of a suspended execution or more;

1. Determination of sentence: Imprisonment with prison labor for 6 months - Circumstances as seen earlier, circumstances after the commission of the crime, and the age, character and conduct, intelligence of the accused;

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