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(영문) 광주지방법원해남지원 2020.10.29 2020고단157
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

On November 22, 2018, the Defendant made a false statement to the effect that “The Defendant would have sold the fright of the fright of the fright of the fright of the fright of the fright of the fright of the fright of the fright of the fright of the fright of the fright of the fright of the fright of the fright of the fright of the fright of the fright of the

However, at the time of fact, the Defendant did not have any intent or ability to pay the amount from time to time to the victim because, even if the Defendant’s debt was not 70 million won and the income accrued from the sale of the uniform, there was no particular profit since it was required to use it for the repayment of the existing debt, and even if the uniform was supplied from the victim, he was only thought to lend money to another person.

Nevertheless, the Defendant, as above, by deceiving the victim as above, obtained a complete wear of KRW 105,60,000 on the same day from the victim and acquired it.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. It is reasonable to view that the defendant's partial statement in the protocol of interrogation of the suspect against the defendant [the defendant and his defense counsel denies the criminal intent of deception, but in light of the defendant's economic situation at the time of the transaction of the pre-delivery failure of this case, possibility of financial resources for the payment of the pre-delivery failure of this case, etc., the defendant could not pay the price on the date of payment promised by the defendant. Nevertheless, since the victim cannot pay the price on the date of payment promised, the crime of the judgment in question is proven. Accordingly, the defendant and his defense counsel's assertion cannot be accepted] is applied

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: Imprisonment with prison labor for a period from one month to ten years;

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