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(영문) 울산지방법원 2014.02.20 2013고단3835
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

Around 11:00 on January 8, 201, the Defendant concluded that “If the Defendant lends KRW 20 million to the victim D, the Defendant would pay C workers a overdue wage and repay it to July 30, 201.”

However, even if the defendant borrows money from the victim, he was only used to repay his personal debt and did not have an intention or ability to repay it on the date of the promise of the victim.

As above, the Defendant deceivings the victim and received KRW 4 million in cash from the victim, around January 8, 201, and received KRW 16 million in the Agricultural Cooperative Account in the name of E (Account Number:F) on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning D police statements;

1. Article 347(1) of the Criminal Act applicable to the crime, the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspension of execution (including the fact that there is no electricity of the same kind and the amount of damage);

1. In light of the fact that the damage is not recovered properly, it is reasonable to impose a certain period of community service in order for the defendant to return to a sound member of society. It is so decided as per Disposition for the reason more than Article 62-2 of the Criminal Act.

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