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(영문) 대구지방법원 2015.08.20 2015고단2806
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

Around December 20, 2013, the Defendant, as if he were to invest KRW 100 million in the victim B (the age of 36) (the age of 36) who was colored in the place where he was to operate the Eddialton agency in Daegu or does not have to make a false statement to the effect that the Defendant would have repaid the amount of KRW 100 million after the lapse of one month if he had to pay the amount of the tax, and that he would have repaid the amount of KRW 22 million.

However, in fact, the Defendant did not have any special property or income, and the obligation was transferred to KRW 18 million, and there was no intention or ability to repay the money even if it was borrowed from the victim due to the failure of the “sports territory.”

Around December 20, 2013, the Defendant, by deceiving the victim as such, received KRW 22 million from the victim to the agricultural bank account in the name of the Defendant’s mother C, and acquired it by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of a deposit statement, a certificate of borrowing, or an authentic statute;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The reason for the sentencing of Article 62(1) of the Criminal Act [the scope of recommending punishment] The mitigated area (10 million won or less) (10 million won or in the case where the punishment is not imposed or considerable damage is recovered (10 million won or less) of the mitigated area (10 million won or less) of the Criminal Act (10 million won) (220 million won or less as the crime of this case was committed by fraud). On the other hand, the crime of this case is committed by the victim and the victim expressed their intent not to be punished against the defendant. On the other hand, the victim expressed their intention not to have the punishment against the defendant by agreement with the victim, the mistake is divided while the defendant was committed in the course of the crime of this case, and there is no previous conviction and there is no other criminal record, taking into account all the factors such as the defendant's age, character and behavior, intelligence and environment, motive or circumstance of the crime, means and result, etc.

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