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(영문) 대구지방법원 상주지원 2016.01.26 2015고단548
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 March 2015, at a place where it is difficult to know the place where the Defendant was permanently stationed in the early police station on March 2015, there is a ready-mixed from a sheet to change the ready-mixed with the failure of the vehicle in operation at present.

B. 20 million won is 20 million won, so if you loan 30 million won, you can see ready-mixed vehicles.

Until now, we cannot live in the past.

After the last request, the phrase “a loan of KRW 30 million is changed in the amount to be paid in full” was false.

However, even if the defendant borrowed money from the injured party, the defendant did not intend to purchase the ready-mixed vehicle, and there was no intention or ability to pay the above money to the injured party.

On March 7, 2015, the Defendant received KRW 24 million from the damaged party to the Agricultural Cooperative Account under the name of the Defendant, and KRW 6 million from the same account on March 8, 2015, respectively.

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

Summary of Evidence

1. The defendant's partial statement (the statement that he/she was unable to purchase the ready-mixed vehicle, but returned to the victim only KRW 10 million and did not return the remainder);

1. Statement of part of the protocol concerning the interrogation of the suspect by the prosecution against the defendant (referring to the statement as stated in the victim's judgment and the statement that he/she received a total of 30 million won from the injured party);

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes to investigation reports (the list of details of transactions submitted by complainants);

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 suspended execution;

1. The reason for sentencing of Article 32(1)3 and Article 25(3)3 of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits Filed for a Compensation Order (the scope of liability for damages, such as an agreement between the defendant and the applicant after the application for a Compensation Order, is not clear) [the scope of the recommended punishment] of type 1 (the scope of the recommended punishment is less than KRW 100 million) in the area of special mitigation (one month to one year) [the special mitigation person] in the area of special mitigation (one month to one year].

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