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(영문) 창원지방법원 밀양지원 2018.11.01 2018고단257
사기
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant and the victim C are the space between the defendant and the victim from March 2017 to September of the same year.

On September 13, 2017, the Defendant made a false statement to the victim of the E D, “I wish to receive 10 million won or less of the expenses for the marriage of his/her husband and wife, who will receive 10 million won or more of the expenses for the marriage of his/her husband and wife from the victim.”

However, the Defendant, without any special property at the time, was under circumstances that are economically difficult to pay the F with a debt of KRW 30 million, and the Defendant was unable to receive congratulatory money because he did not think of his father’s marriage. Therefore, there was no intention or ability to repay the money even if he borrowed money from the injured party.

Nevertheless, the defendant deceivings the victim as such, and acquired 9.5 million won on the same day from the victim, and 50,000 won on September 17, 2017 from the victim as the borrowed money.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of laws and regulations on police statements made to C and F;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act / [the scope of recommended punishment / [the scope of recommendation] the general fraud [the person subject to special mitigation] [the person subject to punishment / [the person subject to special mitigation]] in the mitigated area (one month to one year], or in a case where considerable damage was restored [the decision of sentence] and the sentencing conditions indicated in the records, such as the following circumstances and the defendant's age, environment, motive, means and consequence of the crime, the motive, means and consequence of the crime, etc., shall be determined within the scope of recommended punishment according to the sentencing guidelines.

An unfavorable circumstance: A favorable circumstance that has been punished for the same kind of crime: The victim does not want the punishment of the defendant.

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