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(영문) 창원지방법원 통영지원 2016.02.05 2015고단1243
사기
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On March 23, 2012, the Defendant made a false statement that “The Defendant would lend money to the victim E in return for the loan of money to the victim E in front of Tong-si, Tong-si.”

However, in fact, the defendant did not have certain occupation and income at the time and did not exceed KRW 800 million, so even if he borrowed money from the injured party, he did not have the intention or ability to repay it.

Nevertheless, the Defendant, as seen above, by deceiving the victim and receiving 5,600,000 won in cash from the victim on the same day on the same day, and by receiving 98,530,000 won in total from May 22, 2013 as stated in the List of Crimes, from around 40 times until May 22, 2013 as the loan money.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect interrogation of the accused by the prosecution (E substitute part);

1. Statement protocol by the police for E;

1. Each report on investigation;

1. Details of local tax imposition, response to credit information inquiries, receipts, copies of passbooks, and text of text messages;

1. Previous convictions: Application of Acts and subordinate statutes to inquire into criminal history, report on investigation (report on the result of confirmation of the previous convictions of the disposition and report on the date of release);

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommended punishment] General Frauds No. 1 (100 million won or less) (1 month or year) [the person who is specially mitigated] who is not subject to punishment [the person who is subject to the suspended sentence], there is no record of being sentenced to punishment above the suspended sentence for the same crime, and there is no record of being sentenced to punishment above the suspended sentence for the same crime, and the defendant is against

In addition to the fact that the defendant's age, family relations, motive, means, and result of the crime, all the sentencing conditions shown in the arguments and records of the case shall be determined in the same manner as the order.

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