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(영문) 의정부지방법원 2020.10.22 2020고단1891
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who worked as a farm in the “C” located in the Namyang-si City B.

On January 1, 2016, the Defendant stated that “The Defendant would pay the principal to the victim D by purchasing approximately 20 years of 60 million won, and then selling 20 years of 10 million won to the victim D” (hereinafter “C”).

However, in fact, the defendant purchased the above money from the victim and did not have the intention or ability to distribute the profit to the victim, and was thought to be used from the beginning as the lease deposit by the defendant's spouse in de facto marriage, the defendant's living cost, etc.

Ultimately, the Defendant, by deceiving the victim as such, received KRW 30 million on February 27, 2016 and KRW 30 million on February 29, 2016 from the victim to the E-cooperative account in the name of the Defendant, respectively, for the purpose of purchasing one by one another.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes concerning a sales contract of a milk farm, a copy of a bankbook (Eassociation, G) and a transaction details of an account in a name A;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: Ten years from imprisonment to imprisonment;

2. Scope of the recommended punishment according to the sentencing guidelines (decision of type) (the range of recommending punishment) of less than KRW 100 million (type 1) for frauds, and there is no person [the person specially punished] (the scope of recommending punishment] (the scope of recommending punishment), six months of imprisonment or one year and six months of imprisonment (basic area).

3. The Defendant who has determined a sentence of sentence: (a) purchased and raised Chinese rain to distribute the victim and profits; (b) deceiving the victim as if he/she were to distribute them; and (c) has consumed 60 million won as the price of purchase from the victim in daily living expenses, etc.; and (d) the details, methods, and patterns of the crime are inadequate; and (c) the amount of damage is

(3).

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