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(영문) 의정부지방법원 2015.01.21 2014고단2841
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

From January 29, 2014, the Defendant: (a) in the case of the Defendant’s operation in Namyang-si, Namyang-si, the Defendant: (b) “In the case of the Defendant’s operation in (c) around January 29, 2014, the Victim D is operating the property together; and (c) KRW 10,000,000,000,000,000,000 from dumping, is changed to money for fraud because there is an object for selling from dumping; (d) the Defendant would give money to the Defendant at the time of the transfer of KRW 2,50,000 to the Defendant’s account as the down payment.”

4. Until July, 17, a total of 26,345,00 won was delivered as down payment, purchase of dumped goods, and price for goods as shown in the attached list of crimes.

However, at the time of fact, the defendant had no intention or ability to pay the money to the victim because he was under circumstances that the defendant bears only the obligation due to the poor operation of the property without any special property, and the money received from the victim was intended to be used for any other purpose, such as the repayment of the existing obligation.

After all, the Defendant, by deceiving the victim, acquired a total of KRW 26,345,00 as above.

Summary of Evidence

1. Defendant's legal statement;

1. Grade D of the protocol of interrogation of the accused by the prosecution;

1. Documents attached to each police interrogation protocol of the accused;

1. Documents to be attached to the statement by the police in relation to D (the passbook duplicate and the statement of transactions of ordinary deposits);

1. Application of Acts and subordinate statutes to accusation forms and attached data (written confirmations on payments and copies of bankbooks);

1. The applicable provision of the criminal facts, Article 347(1) of the Criminal Act of the choice of punishment, the grounds for sentencing of imprisonment [the scope of recommending punishment] General Fraud and the grounds for sentencing of imprisonment [the grounds for sentencing] shall be the range of sentences compared with recommended sentences that have no basic area (6 to 100 million won) (6 months and 16 months): Imprisonment with prison labor for six months or one year and six months (decision of sentencing): Imprisonment with prison labor for a period of suspension of execution of execution of six months or more; there is no crime during the period of suspension of execution of execution of execution of execution, agreement with the victim, or restoration of damage. There is no favorable normal circumstances: A reflect on

(k)the age of the defendant;

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