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(영문) 대전지방법원 논산지원 2019.09.10 2019고단314
사기
Text

A defendant shall be punished by imprisonment for six 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 was a person who was working as the secretary of the C church in Seocho-gu Seoul Metropolitan Government, and the victim D is the new director of the said C church.

On May 8, 2014, the Defendant found in the victim’s house with the knowledge of the peace in Seocho-gu Seoul, Seocho-gu E apartment and F, and concluded a false statement to the effect that “I want to open and house a sports hall, and I wish to get money. I borrowed money. I wish to give two (2) interest on the last day of each month and to change the principal when I wish to do so.”

However, in fact, the Defendant did not have any property owned by it, and from around 2009, there was a debt equivalent to about 30 million won in credit card companies, loan companies, etc., and even if the Defendant borrowed money from the victims, such as church believerss, there was no intention or ability to pay it.

Nevertheless, the defendant deceivings the victim as above, and thereby deceiving the victim, 10 million won check from the victim, 80,000 won check, 10 million won, 8,000 won check from the victim.

8. Around 10.10, a total of KRW 20,000,000,000 in cash.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Request for fact inquiry;

1. Investigation report (Attachment of output of the site of the Supreme Court’s B case search) and output;

1. Application of Acts and subordinate statutes to all registered matters, individually assessed individual land price;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Circumstances unfavorable to the reasons for sentencing under Article 62 (1) of the Criminal Act: The circumstances that are advantageous to the fact that no agreement has been reached with the victim: The fact that there are no criminal records exceeding the previous records or fines; the fact that it appears that he had faithfully lived without previous records after 191; the fact that some of the money was paid for the recovery of damage; and the age, character, character, environment, criminal record, circumstances of the crime, and after the crime; and

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