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(영문) 의정부지방법원 고양지원 2014.12.23 2014고단2528
사기
Text

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

However, 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 April 21, 2014, the Defendant called the victim D’s office in Suwon-si, Suwon-si, the Defendant decided to remove the semiconductor machinery and equipment located in G from the State F to the victim of the E office operated by the victim D. On April 21, 2014, the Defendant made a false statement to the effect that “(i) the victim would remove the semiconductor machinery and equipment located in G from the Si interesting City.”

However, in fact, the (P)F at the time did not have to remove H’s machinery and equipment, and did not have sufficient financial resources to the extent that it could not give monthly salary to the employees, and even if the Defendant had to pay the said money to the (P)F, he did not have the intent or ability to supply the scrap metal to the victim using the said money as the cost of removal, even if he received the said money from the victim.

In the end, the Defendant acquired money from the victim to the bank account in the name of the F Bank in the name of the Bank of Korea in the name of the F for the purpose of taking out the money.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the transfer certificate or the cash custody certificate statutes;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Services Criminal Act [the scope of recommending punishment] from June to June 1, 201, the basic area (the period of June to June) of types 1 (the period of a sentence of less than 100 million won) [the decision of a sentence] the Defendant acquired from the victim KRW 30,00,00 from the victim as a fund for the release of scrap iron. The Defendant did not have any means and background of the crime, the amount of damage, and the recovery of damage. However, the Defendant does not have any means of criminal punishment. However, the Defendant has no record of being punished for fraud and has no record of criminal punishment exceeding the fine, and has already been detained for a considerable period of time, and has led to the confession and reflect of the instant case.

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