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(영문) 청주지방법원 충주지원 2017.04.25 2016고단649
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On July 15, 2011, 11:00, the Defendant: (a) at the point of Masan Am. Am. Am. Am. Am. Am. Am. Am. Am. Am. Am. Am. Am. Am. Am. Am. Am. Am. Am. Am. Am. Am. Am. Am. Am. Am. Am.

“ ........”

However, the Defendant did not operate a siren business at the time Kimpo-si, and there was no plan to purchase a site for a siren business. Therefore, even if the Defendant borrowed the site from the injured party from the purchase of the site, it did not have the intent or ability to receive the loan from the financial institution as collateral and repay the loan.

Nevertheless, on July 15, 201, Defendant 1 received KRW 10 million from the victim’s false statement, and Defendant 2 received KRW 34,100,000 from the victim’s account (C) on July 15, 2011 and received KRW 10,000,000 from the Defendant’s agricultural bank account (C).

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against B;

1. B accusation;

1. Certificates of cash custody;

1. Application of Acts and subordinate statutes on account transactions;

1. Grounds for sentencing under Article 347 (1) of the Criminal Act (the fraud point and the choice of imprisonment with prison labor) in relation to the crime;

1. The scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] the basic area (six months to one year and six months) (no person subject to special sentencing] of the type 1 (less than KRW 100 million) general fraud;

2. Determination of sentence: Although the Defendant, in June of the instant crime, led to the confession and reflect of all the instant crimes, there was no agreement or no recovery of damage, even though the Defendant appears to have suffered considerable economic and mental pain due to the instant crime, and the Defendant was sentenced twice to a fine for negligence in the year 2005 and 2007.

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