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(영문) 대구지방법원 김천지원 2013.12.19 2013고단1023
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 February 2, 2012, the Defendant made a false statement to the effect that “Around February 2, 2012, the Defendant borrowed money from the victim D with a vehicle value, the second financial right loan, and the personal debt to be repaid to the victim” to the effect that “I will complete the payment immediately after receiving the loan from the victim.”

However, in fact, the defendant did not have certain property at the time and had approximately KRW 35 million debt, and even if he received money from the victim, he did not have the intent or ability to repay the money through the loan, such as the agreement.

As such, the Defendant, as from February 22, 2012, received a total of KRW 23.5 million from the time of deceiving the victim and being delivered KRW 1 million under the name of borrowed money from the victim, and until April 2, 2012, by the same method as indicated in the list of crimes in the attached Table, was delivered to the victim in the same manner six times in total, as shown in the list of crimes.

Summary of Evidence

1. Court statement of the defendant (the third court date);

1. Examination protocol of the accused by the prosecution (including the D substitute part);

1. A detailed statement of transactions by account and a detailed statement of entry and withdrawal transactions;

1. Application of Acts and subordinate statutes to an investigation report (attached to a statement of deposits and withdrawals into suspect accounts);

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the Probation and Social Service Order [Determination of Punishment] The basic area of sentencing of less than KRW 100 million [the scope of recommendation] [the scope of punishment] six months to one year and six months [the general person] - the motive for committing an offense (use of gambling funds, etc.] to criticize [the use of suspended sentence] - The main reason for major participation - If the positive loss is less than 50 million won (the amount less than 50 million won): If the positive loss is less than the positive loss? The reason for the general participation - there is no motive for committing an offense, no effort to recover damage; the reason for general participation: Imprisonment with prison labor for not less than six months; imprisonment with prison labor for not less than two years; imprisonment with prison labor for not less than two years; probation; and probation.

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