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(영문) 대구지방법원 2018.04.06 2017고단4631
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On October 201, 201, the Defendant starting a mountain road in Suwon-si, Suwon-si, and leading to the East Daegu Station, the Defendant needs to pay money to the victim D in order to receive electric works from water sources.

When the construction is ordered, the elevator maintenance contract in the four buildings shall be concluded, and the borrowed money shall be repaid within two months.

The phrase “the phrase was false.”

However, in fact, the former Corporation was suspended by financial standing in 2009. At the time, the Defendant was suffering from economic difficulties, such as not only obligations to others, but also the failure to pay wages to other persons at the construction site, and even if having borrowed money from the injured party, there was no ability or intent to pay the said money.

The Defendant was granted KRW 20,00,000 to a police officer in cash from the victim on October 201, and the Defendant used the Defendant on October 12, 201.

E received KRW 56,00,000 in total, such as remittance of KRW 36,00,000 in the NongHy account (Account Number F) in the name of E.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Part concerning D in the protocol concerning the interrogation of the suspect against the defendant

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on the receipt of loans, details of passbook transactions, and details of account transactions;

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. The reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence are as follows: (a) the motive and background of the Defendant committed the instant crime; (b) the amount acquired by the Defendant (560 million won); (c) the Defendant repaid the full amount of the money acquired by the Defendant to the victim and restored the damage; (d) the Defendant had the same criminal records of fraud at least once; and (e) the conditions for sentencing prescribed in Article 51 of the Criminal Act, such as the Defendant’s age and sexual conduct, shall be

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