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(영문) 대구지방법원 2017.05.26 2017고단1500
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On February 5, 2016, the Defendant made a false statement to the victim at the victim’s farm in Gyeongnam-gun C operated by the victim B, stating that “The Defendant would produce and deliver a 20,000 won of a mushroom-raising spawn necessary for growing mushroom.”

However, in fact, the Defendant is a bad credit holder, and the company that was going before the past was engaged in assembling the A-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S

The Defendant received from the injured party the amount of KRW 5,00,000 in cash as down payment, i.e., cash amounting to KRW 5,00,000, and KRW 5,000 in our bank account with D.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement in the police statement protocol against B; and

1. Application of Acts and subordinate statutes written in contract;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62(1) of the Criminal Act on the stay of execution (The following conditions of sentencing shall be considered as favorable among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of the punishment by law] The reasons for sentencing under Article 62-2 of the Social Service Order [the scope of the punishment by law] 1-10 years to 10 years [the determination of the area of recommendation] the basic area [the scope of the punishment by recommendation] / 6-1 year and 6 months / [the scope of the punishment by recommendation] - The main reasons for major consideration : negative agreement - where positive losses are considerably small or considerable damage is recovered - the general reasons - there is no negative criminal records of the same kind or no effort to recover the damage by more than two times: there is no positive or more criminal records of the suspended sentence - there is no positive or more criminal records of the suspended sentence. [the sentence] The defendant did not make full efforts to recover the damage by deceiving the victim, but the defendant acquired them.

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