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(영문) 대전지방법원 천안지원 2016.12.06 2016고단1917
사기등
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

A. Accordingly, the Defendant was accused of the victim and received KRW 50 million in total from the victim.

2. Around July 26, 2015, the Defendant: (a) called, “Around July 26, 2015, the Defendant embling the victim’s telephone to lend KRW 10 million to the same birth L”; (b) was transferred from the victim to the national bank account under the name of the JJ for female-friendly job offers (Account Number) by the Defendant; and (c) delivered the said money to L.

Around that time, the Defendant received a total of 12 million won from L over a total of 10 million won as repayment for the above borrowed money, and kept in custody for the victim, and instead did not deliver 2.4 million won among them to the victim, and embezzled it by arbitrarily consuming it for personal purposes, such as the Defendant’s living expenses.

Summary of Evidence

1. Defendant's legal statement;

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

1. Statement of the police statement concerning F;

1. Written confirmation of details of deposit transactions with which deposit and withdrawal are free;

1. Articles 347(1) and 355(1) of the Criminal Act and Article 347(1) of the same Act concerning the facts constituting an offense, the choice of imprisonment with prison labor, respectively;

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

1. Where the grounds for sentencing under Article 62(1) of the Criminal Act for the suspended sentence under Article 62(1) of the Act on the Suspension of Execution are the mitigated area (one hundred million won or less) (one month or one year), the mitigated area (one month or one year), the exemption area of punishment, or considerable partial recovery from damage, the second crime (Embezzlement or breach of trust) [the scope of recommending punishment] (one month or ten months), the mitigated area (one month or one hundred million won), the mitigated area (one month or ten months), the exemption area (special mitigation), or the damaged area (the final sentencing scope due to the aggravated punishment of multiple crimes * the final sentencing range due to the aggravated punishment of one to one year and five months: Determination of sentence * Decision of one year or five years: in light of the contents and scale of

It should be taken into consideration, such as the restoration of damage, such as the smooth agreement with the victim, the fact that the victim might have been detained for a long time, and the fact that there is no record of punishment heavier than the fine.

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