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(영문) 전주지방법원 2015.01.22 2014고단1694
사기
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around October 2009, the Defendant, along with C and D, conspiredd with the victim F, who operated the infinite house E at the end of the Jeonju-si, the Defendant, not receiving prepaid money from the victim F, who did not run the infinite, and attempted to flee.

Accordingly, on October 28, 2009, the Defendant made a false statement to the effect that “The Defendant would be responsible for introduction and prepaid payment in cases where AC and D are unable to perform a duty in the middle,” and C, etc. appear to have the same attitude as C, etc. actually perform a duty.

However, in fact, the Defendant did not receive advance payment with C, etc., and told C, etc. to flee, and there was no intention or ability to take responsibility for the introduction or advance payment.

In collusion with C, etc., the Defendant deceivings the victim as above, and received 1.5 million won through the Defendant’s account in cash, 7.7 million won from D on October 29, 2009, 3.7 million won from the above in advance, and 5.5 million won from C on October 29, 2009, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. A prosecutor or police suspect interrogation protocol regarding C;

1. The police statement concerning F;

1. A complaint;

1. Investigation reports (related to submission of details of transactions of deposits and withdrawals in agricultural cooperatives under C) ;

1. Application of Acts and subordinate statutes to each passbook, duplicate copy, and loan certificate;

1. Articles 347 (1) and 30 of the Criminal Act, inclusive, by relevant Articles of the Criminal Act and the choice of punishment for the crime;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The motive and background of the crime of this case, which acquired money from the victim by means of planned conspiracy and role of sentencing under Article 62-2 of the Social Service Order Criminal Act and Article 59 of the Act on Probation, etc.

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