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(영문) 수원지방법원 안산지원 2016.04.07 2015고단3803
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On January 22, 2015, the Defendant committed the crime of January 22, 2015, 2015, saying, “The Defendant purchased a scambling machine at KRW 13 million and sold at KRW 15 million, and sold at KRW 23 million again and sold at KRW 5 million by selling another scambling machine at KRW 20 million.”

However, the defendant did not have any intention or ability to get profits by selling and selling the softener with intent to use the said money for personal purposes, such as repayment of debts and living expenses.

Nevertheless, the Defendant received money of KRW 13 million from the injured party to the Agricultural Cooperative Account (E) in the name of the No. D as the price for the excavation on the same day from the injured party.

2. On January 28, 2015, the Defendant, at the place specified in paragraph (1) 1 around January 28, 2015, purchased the so-called “victim” (Mo 1400LC) at KRW 25 million and sold at KRW 25 million.

“A false statement” was made.

However, even if the defendant received the above money with intent to use it for personal purposes such as living expenses, etc., he did not have any intention or ability to get profits by selling and selling the sofaging machine.

Nevertheless, on January 29, 2015, the Defendant received money from the injured party to the account under the above D name as the price for cutting off on or around January 29, 2015, and obtained money from KRW 5 million on or around February 3, 2015, and acquired it by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A certificate of confirmation of transfer;

1. Investigation reports (Investigation of credit standing), and the application of the statutes requesting credit information;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Reasons for sentencing under Article 62(1)(the following favorable circumstances) of the suspended sentence under Article 62(1)(the scope of the recommended sentence) of the Criminal Act [the scope of the recommended sentence] In the case where the mitigation area (one month to one year), (one month to one year), in the mitigated area (a person with a special mitigation), in a case where the punishment is not imposed or considerable damage is recovered (the decision of sentence], and other circumstances below.

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