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(영문) 청주지방법원 2015.07.16 2015고단97
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

[criminal power] On November 12, 2014, the Defendant was sentenced to a suspended sentence of four months of imprisonment for fraud in this court, and the said judgment became final and conclusive on November 20, 2014.

【Criminal Facts】

The Defendant, even if he received the advance payment from the victim D who operates the “Cju” located in the Chungcheongnam-gun in the Chungcheongnam-gun, did not have the intent or ability to work at the said main point, and even if he borrowed money from the victim as if he continued to work at the said main point, he did not have any intent or ability to repay it, but on January 8, 2014, the Defendant received 7.1 million won in total from the victim at the said main point, stating that he would make a payment before he would make a work, and he would make a payment if he borrowed 3.0 million won in cash from the victim, that is, he received 5 million won in cash from the victim, and received 2.5 million won in total from the above main point to the Agricultural Cooperative account in the name of the Defendant, who is the infant of the same day, from February 20, 2014, and received 7.1 million won in total from the victim, as shown in the attached list of crimes from the above main point to February 20, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Complaints, details of entry and withdrawal transactions, details of account transactions, and notarial deeds;

1. Previous convictions in judgment: Results of inquiry, conclusion of case agreement, auxiliary meetings, and application of Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [Determination of the type] / Fraudulent Crime Group, Type 1 (less than KRW 100 million) (Application of the method to deal with the same concurrent crimes) of the general fraud [decision of the recommended area] Basic field / [the scope of punishment] 6 months to 1 year and June 1, 200, the Defendant, including the first head prior conviction in the judgment, committed eight times after the lapse of 202.

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