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(영문) 수원지방법원 안산지원 2017.01.20 2016고단3749
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On April 5, 2012, the Defendant made a false statement to the victim E within D D D located in Singu, Singu, that “I would pay the victim E with the cost of the construction work and the cost of the construction work at the construction site at the construction site at the construction site at the construction site at the construction site at the construction site at the construction site at the construction site at the construction site at the port of Pakistan.”

However, in fact, the Defendant did not have an intention or ability to pay expenses and construction expenses, even if he received expenses from the victim, because the Defendant had a total of KRW 50 million debt at the time and there was no financial ability to normally carry out the construction work due to lack of certain income.

Nevertheless, on April 12, 2012, the Defendant received 200,000 won from the injured party to the Cit Bank account in the name of F designated by the Defendant as a guard. From that time to October 23, 2012, the Defendant received a total of KRW 35,10,000 won from around 42 times, such as the list of crimes in the attached Table, and received a total of KRW 35,10,000,000 from around May 2012, the Defendant acquired financial benefits equivalent to KRW 20,000,000 from the injured party, thereby obtaining a total of KRW 5,10,000 from the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes on transactions of passbooks;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

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

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of the recommended sentence] General Fraud (one month to one year) [the person subject to special mitigation] in the mitigated area (one month to one year], or in the case where considerable damage was restored [the decision of sentence] the defendant's criminal records, the amount of damage, the agreement with the victim, the defendant's age, sexual behavior, family environment, motive and circumstance of the crime, and all the other factors of sentencing as shown in the arguments of this case, including the defendant's age, sexual behavior, family environment, motive and circumstance before and after the crime, shall be determined as the sentence

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