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(영문) 창원지방법원 2015.09.23 2014고단2564
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

Around 19:00 on April 20, 2009, the Defendant made a false statement that “the Defendant would construct a panel-type house of 23 square meters if he pays 22 million won to the victim” in Lwon operated by the victim K in Kimhae-siJ.

However, even if the defendant received the above money, he did not intend to use the money at will and did not intend to do construction work.

On April 21, 2009, the Defendant, by deceiving the victim as above, was given KRW 10 million to the account in the name of M (new bank N) designated by the Defendant on April 21, 2009.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement to K;

1. Application of the Acts and subordinate statutes governing a petition for complaint, contract, estimate, and copy of passbook;

1. Relevant Articles of the Criminal Act and reasons for sentencing under Article 347 (1) of the Criminal Act of the option of imprisonment for a crime;

1. The basic area (from June to June) of the type of recommendation [the scope of recommendation] according to the sentencing criteria, the basic area (from June to June) of the type of general fraud; and

2. Although there exist grounds for sentencing favorable to the defendant, such as the fact that the defendant's decision on the sentence was committed in whole and is against one another, there are no grounds for sentencing in favor of the victim. However, even though the defendant has been served a written indictment and submitted his written opinion, the defendant has fleded, and the location of the defendant cannot be known as at the present time, and other factors such as the defendant's age, character and conduct, relation to the victim, motive, means and consequence of the crime, etc., the sentencing conditions stipulated in Article 51 of the Criminal Act and the scope of recommended sentencing guidelines set by the Sentencing Committee for the Supreme Court

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