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(영문) 울산지방법원 2017.02.03 2016고단4368
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 24, 2014, the Defendant found in the “D Manpower Office” of the Victim C’s Operation in Ulsan-gu, Ulsan-gu, Seoul-gu, about 16:00 on December 24, 2014, and the Defendant purchased vehicles necessary for business if the Defendant leased KRW 20 million to the victim and repaid KRW 3 million per month.

“.....”

However, the Defendant did not have any intent or ability to repay money from another person without any particular income, because the Defendant had to repay money from another person without any specific income, and the Defendant had thought to use money from the damaged person as living expenses, etc.

Defendant deceiving the victim as above, and was wired KRW 20 million from December 24, 2014 to December 26 of the same month by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes on the increase in cash custody and account transactions;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense and Article 347 (1) of the Selection of Punishment;

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

1. Determination of the sentencing guidelines [Type 10 million won or less] Reduction element of the recommendation of the general fraud [Attachment 100,000 won]: The defendant claims that a considerable amount of damage [the scope of recommendation] recovery [the scope of punishment] imprisonment with labor for one month or one year (the area of mitigation]] / The main reasons for the suspension of execution / The agreement is not reached - Where the substantial amount of damage is considerably small or considerable amount of damage has been recovered due to the main reasons for the suspension of execution - If the substantial damage is considerably small or considerable amount of damage due to the reasons for the suspension of execution - If there is a significant cause for the suspension of execution at least twice the same kind of crime or at least twice the case of the same general fraud - The reasons for the suspension of execution is deposit (the deposit of KRW 2 million won or more on January 16, 2017), partial damage recovery (the defendant's payment of KRW 2 million,000,0000 to the victim who paid the full amount of

2. Details of the crime subject to additional consideration, the age, sex, and environment of the accused and the victim involved;

3. Six months of imprisonment with prison labor and two years of suspended sentence;

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