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(영문) 대구지방법원 서부지원 2017.09.14 2016고단2302
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On April 18, 2016, the Defendant calls to employees in the name and incompetuland Co., Ltd. to pay KRW 119,500 per month rent for 39 months on the face of the Baran panty and the Baran Ma, one of the Ma, who was an employee in the name and incompetu.

The phrase “ makes a false statement.”

However, in fact, the Defendant was under bad credit standing with approximately KRW 50 million at the time, and was willing to sell the same as used goods through the middle and the country, etc., so even if he was leased from the injured party, he did not have the intention or ability to pay a monthly rent.

On May 24, 2016, the Defendant, by deceiving the victim, obtained delivery from the victim of the damage, of a 4,660,50 won or more at the market price from 108 Dong Dong 302, Daegu-gun, Daegu-gun, 108 to 302.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. C’s statement;

1. Complaint;

1. The application of Acts and subordinate statutes to report on the investigation of a massage, a written agreement of a massage, a written confirmation of the installation of a massage, a photograph of a massage installed, a serious national closure photograph, and a family investigation report;

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. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of the recommended sentence] general fraud [the scope of the recommended sentence] that there is no basic area (from June to one year and six months) [the person subject to special sentencing] [the decision of sentencing] damage amount is not very significant, the depth is divided, the defendant has no criminal record exceeding the fine, and the fact that there is no criminal record exceeding the fine is favorable to the defendant.

In addition to this point, in consideration of various circumstances, such as the age, sex, intelligence and environment of the defendant, motive, means and consequence of the crime, and the circumstances after the crime, the sentence like the order shall be determined.

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