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(영문) 춘천지방법원 강릉지원 2015.06.03 2014고단1104
사기
Text

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

Reasons

Punishment of the crime

On May 2013, the Defendant made a false statement to the effect that: (a) the Defendant would make a telephone call to the victim B at an infest place at the end of Gangseo-si (hereinafter referred to as the “Sungung-si”); and (b) the Defendant would make a payment of KRW 30,000,000, which would be paid as a down payment before selling in other places; and (c) the Defendant would make a payment immediately after one month.

However, in a situation where it is economically difficult for the defendant with bad credit standing who does not have any property in the name of the defendant at the time, the defendant merely borrowed money from the victim as the contract deposit for the purchase of pine trees and thought to use it as the business expenses of the defendant. There was no intention or ability to use it as the contract deposit for the purchase of pine trees.

Nevertheless, around June 3, 2013, the Defendant, by deceiving the victim as such, received 30,000,000 won from the passbook (Account Number: E) in the name of the head of the Tong who is the defendant's seat around June 3, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Reporting on investigation (report confirming that no property exists, such as deposits and seizure of suspects);

1. Application of Acts and subordinate statutes to a copy of a bankbook (CF/G), a statement of transaction of general deposits (CF/H), a copy of a passbook (CF/D/E), a copy of a bankbook (CF/E), a copy of a invoice, a copy of a certificate of transfer, a copy of a

1. In full view of the relevant provisions of the Criminal Act and Article 347(1) of the Criminal Act regarding criminal facts, the grounds for sentencing choice of imprisonment with prison labor, and the following circumstances, the following circumstances, including the Defendant’s age, character and conduct, home environment, circumstances of the crime, means and result, and the overall conditions of sentencing indicated in the records and arguments, such as the circumstances before and after the crime

O A favorable normal circumstances: The fact that the defendant reflects on the fact that the defendant uses the acquired money as amusement expenses, etc. and the damage of the victim has not been recovered.

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