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(영문) 전주지방법원 군산지원 2019.05.24 2019고단7
사기
Text

A defendant shall be punished by imprisonment for four months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

On April 2012, the Defendant made a false statement to the victim B, who is the said principal guest, in a non-franchising dynasing dynas dyna dyna dyna dyna dyna dyna dyna dyna dyna dyna dyna dyna dyna dyna dyna dyna dyna

However, the Defendant merely thought that he would have repaid the money received from the victim and used it as a living expense. At the time, the Defendant borrowed 6 million won to the said dan proprietor who was employed by the Defendant as an employee, as well as the amount equivalent to KRW 15 million for personal debt, KRW 5 million for financial rights, and KRW 5 million for personal debt, and KRW 5 million for financial rights. In addition, it is urgent to pay the money once to use it for the purpose of paying the interest on living expenses and existing debts in the dan, etc., so even if he borrowed money from the victim, he did not have any intention or ability to pay it.

Ultimately, on April 3, 2012, the Defendant, by deceiving the victim as above, received money of KRW 20 million from the victim to the D account (E) in the name of the Defendant on April 3, 2012, and fraudulently acquired it.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement No. B

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of the recommendation type according to the sentencing guidelines [the decision of type] the general fraud type [the type 1] below KRW 100 million [the special person] - the mitigation element: the case where the commission of deceptive act is committed intentionally or the degree of deceptive act is weak, the case where the degree of fraudulent act is weak, [the scope of the recommendation field and the recommendation type] special mitigation area, the case where there is no special mitigation area, one month to one year [the general person] [the reasons for suspension of execution] [the reasons for suspension of execution] - The case where the commission of deceptive act intentionally is committed, or the degree of fraudulent act is the case where the commission of deceptive act is done.

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