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(영문) 창원지방법원 통영지원 2016.04.21 2015고단1293
사기
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

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

Reasons

Punishment of the crime

On 2014, the Defendant, at the D restaurant located in C in the city of Ga, will offer a gift gift to the victim E, who is the owner of this restaurant, even if he suffers from shea cancer.

On the face of the gold, it was false to the effect that the gold would be repaid at the last time.

However, at the time of fact, the Defendant had no particular property and had no intention or ability to change it when he paid it to anyone who was planned to use it as a daily expense even if he received it from the injured person.

Ultimately, the Defendant, around that time, received 10,000 won from the injured party with money equivalent to 2 million won in market price, and was planned to use it as living expenses or gambling funds until October 8, 2015, notwithstanding that the Defendant was planned to use it as a living expense or gambling fund, such as the list of crimes in the attached list of crimes, and acquired it by deceiving the injured party as a total of 17,60,000 won through 25 times.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Statement made by the police for E;

1. A complaint;

1. Application of Acts and subordinate statutes to a criminal investigation report (Attachment of details of transactions who have filed a complaint), investigation report (Attachment, etc. of records on the use of an accused card), investigation report (Attachment of details of transactions of suspects)

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, 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 on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. Criteria for sentencing [Scope of the recommended punishment] General frauds: Where an increase in the first step (special mitigation ] of the type of punishment or damage equivalent to a considerable part is recovered as a result of combined crimes of the same kind, in the mitigated area (from June 20 to February 6): Class 2 (at least KRW 100 million, but less than KRW 500 million):

2. The Defendant’s criminal records are the same as the victim, not the amount of damage caused by the crime of this case, and most of the money acquired by the defrauded is used for gambling funds to use the most of the money acquired by the defrauded to commit the crime.

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