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(영문) 대구지방법원 김천지원 2013.11.28 2013고단1117
사기
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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 September 2011, the Defendant made a false statement to the victim C at the Defendant’s office located in the Gumi-si B that “I want to leave a golf course on the Jeju-do land, and, if I make an appraisal, I would be able to get a loan from the bank. I would be able to return the principal within 10 days on the loan of the appraisal cost and make the principal live in life.”

However, the fact that the above golf course construction project was difficult to obtain a loan from the bank due to lack of feasibility, so even if the victim borrowed money, there was no intention or ability to repay it.

On September 26, 201, the Defendant received KRW 5 million from the victim as the borrowed money from the victim to the account in the name of D (E).

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of the accused by the prosecution (including the C’s statement);

1. Second police interrogation protocol against the accused (including the statement section C, F, and G);

1. Application of Acts and subordinate statutes concerning transaction by account;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended execution [the decision on the types of punishment] The reason for sentencing under Article 62(1) of the Criminal Act (the decision on the types of punishment] - Where a person commits a deceptive act which is less than KRW 100 million (the person who has a special form of punishment): In a case where a person intentionally commits a deceptive act which is not guilty or the degree of a deceptive act is weak, the amount of the punishment is not [the decision on the recommended area] 1 to 1 year [the scope of the recommendation area] - The main reason for the suspended execution] - Where the positive amount of damage is considerably small: If there is a significant small amount of damage, the amount of punishment

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