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(영문) 서울동부지방법원 2015.05.13 2014고단1450
사기
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Around 12:00 on May 15, 201, the Defendant concluded that “Around 12:00, the victim B will purchase food materials to be supplied to a church, which is the house of a church, in large quantities: Provided, That the Defendant would pay off the rent if it is not loaded with a wall at present.”

However, even if the defendant borrowed money from the victim, he did not have the intention or ability to repay it.

The Defendant received 200,000 won in cash as transportation expenses from the victim on the job.

From that time to February 15, 2014, the Defendant received cash, etc. equivalent to KRW 1,435,000 in total, in the same manner, as indicated in the attached list of crimes, on 44 occasions, from that time.

Accordingly, the defendant was provided property by deceiving the victims.

Summary of Evidence

1. Each police interrogation protocol against the accused;

1. Each police statement made to C, D, E, and F;

1. Each statement;

1. Application of each mail, national newspaper, and civil petition-related Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act (amended by Presidential Decree No. 1000,000) of the Act on the Suspension of Execution (amended by Presidential Decree No. 1000,000) is that the subject of aggravated punishment (under 10,000 won) (1-2 years and six months) is an unspecified person or a large number of victims, or repeatedly commits a crime during a considerable period of time (the decision of sentence). The defendant has been sentenced to fines

However, in consideration of the fact that the amount of damage is a small amount, the same sentence as the order shall be sentenced.

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