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(영문) 청주지방법원 2014.08.29 2014고단864
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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

On March 26, 2012, the Defendant made a false statement to the effect that “The Defendant would resolve the female problem of the president of the GH Co., Ltd., the executory company of F apartment in Changwon, and would take the initiative in resolving this problem.” On March 26, 2012, the Defendant made a false statement to the effect that “The Defendant would take measures to resolve the female problem of the president of the HH and give orders for the creative construction work.”

However, the Defendant did not have the intent or ability to give orders to the F apartment 1,822 households implemented by G Co., Ltd., and the money transferred from the victim was thought to be used individually, such as living expenses.

The Defendant received KRW 20 million in cash from the victim, namely, from March 26, 2012 to September 4, 2013, as indicated in the crime list, in total, five times from March 26, 2012 to around September 4, 2013.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written confirmation of the current status of bank transfers by account and the results of electronic financial transfers;

1. Application of investigation reports (Analysis of details of transactions in the account in the name of a suspect), and provisions of statutes on account transactions;

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

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

1. The reason for sentencing of Article 62(1) of the Criminal Act Article 62(1) of the suspended sentence is that the amount of damage suffered by the victim is not small.

However, the defendant has no record of criminal punishment, has been divided into a mistake, and is against the law.

In addition, the victim is promising to pay the damage from the family of the defendant and is seeking the defendant's prior action.

In addition to these circumstances, the motive, background, means and methods of the instant crime, and the circumstances before and after the instant crime.

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