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인천지방법원 2012.12.27 2012고단10791
사기
Text

A defendant shall be punished by imprisonment for four 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

Even if the victim B joins the number fraternity, the defendant shall pay the fraternity only until he receives the fraternity, and there was no intention or ability to pay the fraternity thereafter.

Nevertheless, the Defendant, even after receiving the guidance money from the victim on November 2007, was committed as if he would normally pay the guidance money to the victim. On December 2008, the Defendant received KRW 7 million from the Defendant’s house located in Sinung-si, Sinung-si, under the pretext of the guidance money from the victim, in cash, and received KRW 20 million from the Defendant’s husband’s account under the name of the Defendant’s husband and the account under the name of the Defendant’s birth.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement No. B

1. Relevant Articles of the Criminal Act and the choice of punishment for the crimes: Article 347 (1) of the Criminal Act;

1. Suspension of execution: Article 62 (1) of the Criminal Act (Taking into account the absence of a previous conviction sentenced to imprisonment without prison labor or any heavier punishment, the fact that agreement has been made with the victim, and the fact that the error has been reflected therein);