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(영문) 의정부지방법원 고양지원 2016.05.12 2015고단3320
사기
Text

A defendant shall be punished by imprisonment for six 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 14, 2014, the Defendant: (a) at the victim C’s house located in the building No. 1412, 301, no. 1412, and no. 301, the Defendant attached the passbook with tax and fine; (b) the head of the Tong is attached to the Defendant; (c) the appointment of a lawyer at the final stage of the trial; and (d) the Defendant would complete payment as resolved by lending money.

The phrase “ makes a false statement.”

However, the defendant did not have any property inherited from his parents, and even if he borrowed money from the damaged party due to the lack of any specific property and income, he did not have any intention or ability to repay the money.

As such, the Defendant, by deceiving the victim, received KRW 1 million from the damaged party as the borrowed money in the same place, and acquired the total sum of KRW 9.7 million through eight times from the above day to December 24, 2014, as shown in the List of Crimes, as well as from the above day to the day of December 24, 2014.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the suspect against the defendant (including a cross-examination);

1. Application of the police statement protocol law to C

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reason for sentencing of Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of the recommended punishment] In general fraud [the scope of the recommended punishment] (one month to one year) mitigation area (a special mitigation person] [the scope of the final sentence due to the aggravation of multiple crimes in case where punishment is not imposed or considerable damage is recovered, the scope of the punishment according to the aggravation of multiple crimes: one month to one year: 10 months [the sentence] [the defendant] deceivings the victim eight times between two months and thereby deceivings the victim into 9.7 million won.

The method and contents of deception, the number of crimes, etc. are bad.

In addition, the defendant has been punished five times for the same crime.

However, the accused is against the victim, and the victim does not want to be punished by agreement with the victim.

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