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(영문) 대구지방법원 영덕지원 2016.07.13 2016고단19
사기
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 7, 2015, the Defendant made a false statement to the effect that “the victim would work as the deck of E in which the victim would work as the owner of advance payment,” within the victim’s automobile located in Gyeongjin-gun, Chungcheongnam-do around November 7, 2015, the Defendant sent the victim the same word to the same effect as the victim between November 9, 2015.

However, even if the defendant received advance payment from the injured party, he did not have the intention or ability to work as the deck.

Nevertheless, the Defendant, as seen above, received KRW 1.4 million from the victim by deceiving the victim, and transferred 1.4 million to the hydrocom account of the Defendant’s name on November 9, 2015, and received KRW 1 million from the same account on November 11, 2015, and acquired money by deceiving 2.4 million won.

Summary of Evidence

The reason for sentencing under Article 32(1)3 and Article 25(3)3 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings against the Defendant’s Application of the Police Statement Protocol to the Defendant’s legal statement C, and Article 347(1) of the Criminal Act on the Punishment of Suspension of Execution of Punishment (Optional to Imprisonment), Article 62(1)3 and Article 25(3)3 of the Social Service Order Act (the scope of liability for compensation is unclear because criminal agreement between the Defendant and the applicant has not been reached between the Defendant and the applicant, so it is not reasonable to issue an order for compensation in the criminal proceedings) of the Act on Special Cases Concerning the Punishment, etc. of the Defendant’s Compensation Application for Compensation. [Types of punishment] The elements for mitigation of punishment [the person who is a special sentencing] [the area of recommendation and sentence] the area of mitigation [one year] of punishment [the decision of the Defendant’s imprisonment] under the scope of punishment [the crime in this case is not less than 200,000 won that the Defendant would suffer from the advance payment.

It is also disadvantageous to the defendant's two suspended executions and five sentenced fines due to the same criminal act of the same law.

However, the fact that the defendant is recognized to commit the crime and is against the law.

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