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(영문) 대구지방법원 2016.07.20 2016고단1840
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

On January 8, 2015, the Defendant loaned money to the victim D at the “C” coffee shop located in Daegu-gu, Daegu-gu, 2015, to the victim D. He would receive advance payment or monthly payment by doing work at the Fda located in Chungcheongnam-gun E.

“.....”

However, the defendant did not intend to work in Fda, and even if he borrowed money from the damaged party due to the absence of fixed income or property at the time, there was no intention or ability to repay the money.

The defendant acquired 8 million won from the damaged person to the account in the name of the defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of statutes attached to the original copy of a process deed and data on transfer of accounts;

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

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [Scope of Recommendation] In the case where (a) [a month to one year] mitigation area (a person with special mitigation] (a person with special mitigation], or where considerable damage was restored [a] punishment, even though there are many records of having been punished for the crime of this case, it is not good that the crime of this case was committed at the same time, but it is not good that the defendant committed the crime of this case. However, the fact that the mistake is divided, the fact that the victim and the victim have agreed smoothly with the victim is considered as favorable to the defendant, and the sentence like the order is imposed in consideration of the defendant's age, sexual behavior, environment, relationship with the victim, motive, means and consequence of the crime, circumstances after the crime, etc.

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