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(영문) 광주지방법원 2014.07.18 2014고단1886
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On May 14, 2010, the Defendant concluded that “The Defendant would have the right to handle recycled products when redevelopment is carried out” to the victim B (the age of 47) in the vicinity of the redevelopment in the fourth area of Gwangju-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong (hereinafter “The Defendant would return money by the end of December 201

However, even if the defendant borrowed the above money from the victim, he did not have the intent or ability to repay it.

As such, the Defendant, by deceiving the victim, received money from the victim to the Suhyup account opened in the name of C, which is the same day as the loan money from the victim, and acquired it by transfer.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. The police statement concerning B;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The positive circumstances that are negative to choose a sentence of imprisonment on the grounds of sentencing in Article 62-2 of the Social Service Order Criminal Act (referring to six months of imprisonment or one year and six months), and the following circumstances, and that the execution of the sentence is suspended on the condition of the community service order: The positive circumstances: The fact that no agreement has been reached is reached: The damage recovery is made by pening errors; there is no criminal record for the same kind of crime; the victim has deposited five million won for the victim: The amount obtained by deceit and unrepared damage amount; the defendant's age, character and conduct, environment, etc.;

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