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(영문) 대구지방법원 2017.11.22 2016고단5156
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On August 2009, the defendant removed the factory in Daegu-gu E from the "D' office of the victim's operation of the victim's C, which was located in the Gyeongbukbuk-do."

A false statement was made to the effect that the waste cable emitted at the time of removal is changed.

However, there is no fact that the defendant has entered into a contract for the removal work, and the defendant was thought to pay the defendant's debt by receiving advance payment from the victim who has increased the debt while operating the secondhand collection work, and there was no intention or ability to supply the closing cable to the victim.

The Defendant, by deceiving the victim, received KRW 25 million from the victim, through F, who is an employee of the victim, on the front post office in the Daegu Dong-gu, Daegu-gu post office in the same day.

Summary of Evidence

1. A protocol concerning the examination of the suspect of each police officer against the accused (including parts concerning the examination of the victim);

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes on the loan certificate;

1. Relevant legal provisions on criminal facts, Article 347(1) of the Criminal Act regarding the choice of punishment, the amount obtained by the defendant by deceit and the amount repaid by the defendant among the amounts that the defendant has been repaid by the victim (one million won), the relationship between the defendant and the victim, the motive and background of the crime of this case, and the criminal records of the defendant shall be considered.

In addition, the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the age, sex, etc. of the accused, shall be determined as per the order.

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