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(영문) 대구지방법원 김천지원 2014.01.16 2013고단1427
사기
Text

A defendant shall be punished by imprisonment for six 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 October 10, 2011, the Defendant stated that “D” operated by the Victim C, which is located in Gumi-si, U.S.A., “A,” that “A, if the Defendant borrowed 5 million won as her husband, would have to repay the her debt, he/she would have to pay the her monthly payment.” Since her husband was a soldier, the Defendant may have paid 2 million won of the monthly pension and paid her monthly payment.”

However, at the time of the military pension, the defendant was not a person with bad credit and was not a person with bad credit, and even if he borrowed money from the victim, he did not have the intention or ability to pay the money.

Nevertheless, the Defendant, as seen above, by deceiving the victim and being delivered KRW 5,00,000 in cash from the victim on October 10, 201, and received KRW 23 million in total from May 27, 201 to May 27, 201 as indicated in the annexed crime list.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the Suspension of Execution [Determination of Punishment] below 100 million won for general fraud [Special Sentencing] - The mitigated elements of punishment: [Determination of the recommended area] mitigated area of punishment [the scope of recommendation] [the scope of punishment] mitigated area] 1 to 1 year [the mitigated element] - The serious half [whether or not the mitigated element is suspended] - The main reasons for major participation [whether or not the suspension of execution is significantly small: if the positive loss is considerably small (less than 50 million won) - If the positive loss is considerably small (less than 50 million won): The reasons for general participation - Before the suspension of execution more than twice on more than two occasions: The positive half, partial recovery of damage [decision of the sentence], six months after the suspension of execution two years; and

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