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(영문) 대구지방법원 2015.01.29 2014고단4375
사기
Text

A defendant shall be punished by imprisonment for six 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

On July 16, 2002, the Defendant made a false statement to the effect that “A victim D, who is an employee of the same entertainment establishment, received the advance payment of KRW 25 million, and the victim would pay the 19-day amount because he/she sold his/her apartment if he/she borrowed it.”

However, the Defendant did not have any intention or ability to repay the money on the agreed date even if he borrowed the money from the victim, such as without selling apartment.

Nevertheless, the Defendant, as such, by deceiving the victim, obtained KRW 25 million from the victim as the borrowed money, and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to a copy of a certificate of cash rent;

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. The reasons for sentencing under Article 62(1) of the Criminal Act (a favorable one of the reasons for sentencing below) of the suspended sentence are divided into the defendant's wrongs, and the defendant agreed to the defendant's wrongs smoothly with the victim, and there are only the records of the one-time punished fine. The defendant's age, character and behavior, environment, motive, means and consequence of the crime, relationship with the victim, circumstances after the crime, etc. are taken into account, and the sentencing factors in the arguments are equally taken into account within the scope of sentencing guidelines, fraud, general fraud, reduced range of less than 10 million won, reduced range of punishment (unlimited to punishment), and one year or less of the recommended sentence.

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