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(영문) 수원지방법원 성남지원 2014.05.21 2013고단3113
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant: (a) on October 29, 2012, at the Dda operated by the Victim C, which was located in the city of Hanam on the part of the Defendant, stated, “The Defendant is the president of the construction work, and the construction work is completed, several million won are generated; (b) if the construction cost is leased, it will have to be repaid after the completion of the construction work.”

However, the defendant did not have certain property at that time, and there was no intention or ability to pay money to the victim even after the construction is completed.

The Defendant, as seen above, received KRW 500,000,000 from the victim in cash from the victim on his/her job, from March 20, 2013 to March 20, 2013, in total, KRW 1.6 million, as shown in the list of crimes in attached Form 38 times.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police investigation of the accused (including part concerning the C’s statement);

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes to report on investigation;

1. According to the pertinent Article of the Criminal Act, Article 347(1) of the Criminal Act, and the sentencing guidelines for the sentencing of imprisonment with prison labor, the recommended sentence against the defendant is between six months and one year and six months.

(Type 1 among the sentencing criteria for fraudulent crimes). Considering the fact that repeated crimes have been committed by using trust relationships with victims and the fact that damage has not been recovered, it is difficult for the defendant to be exempted from punishment.

However, the punishment shall be determined by taking into consideration the amount of damage, the fact that the defendant has no particular criminal record, etc.

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