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(영문) 대구지방법원 서부지원 2016.01.15 2015고단1153
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 becomes final and conclusive.

Reasons

Punishment of the crime

On April 18, 2011, the Defendant: “A victim C, who has lent and failed to return a BMW car to B, is required to appoint an attorney and file a lawsuit against “A” for the purpose of searching for the BMW car; the cost of appointing an attorney and stamp is required.

“A false statement” was made.

However, the defendant did not have the intention or ability to appoint a lawyer for the victim or to search for the victim's vehicle, and was thought to be used for personal purposes such as living expenses by receiving money from the victim.

As above, the Defendant: (a) by deceiving the victim; (b) received 3.3 million won from the victim to the Agricultural Cooperative account under the name of the Defendant for the same day as the attorney fee and stamp fee; and (c) received a total of 60,486,000 won from the above date to May 30, 2012, as shown in the list of crimes attached hereto, from around 15 times.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A copy of bankbook;

1. The loan certificate;

1. Application of Acts and subordinate statutes on a fair deed;

1. Article 347 (1) of the Criminal Act and the choice of punishment for the crime, Articles 347 (1) of the Criminal Act and the choice 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. Article 62 (1) of the Criminal Act (Consideration of the suspension of execution, etc.)

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