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(영문) 대전지방법원 논산지원 2016.12.13 2015고단614
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

Around November 30, 2012, the Defendant made a false statement to the victim C, “In-house name is D. When the Defendant lends 800 plastic steel pipe for two years, 4 million won will be given in return and returned until November 30, 2014.”

However, the name of the defendant is "A", and even if the above steel pipe was borrowed from the victim, there was no intention or ability to return it.

The Defendant, as such, by deceiving the victim, received 8 million won a plastic pipe (25 meters thick, 10 meters in length) at the market price of the victim’s possession from the victim and received 800 square meters from the victim.

Summary of Evidence

1. Partial statement of the police interrogation protocol of the accused;

1. Each police statement of C;

1. A copy of contract;

1. Application of investigative reports (specific-related Acts and subordinate statutes) and subordinate statutes;

1. Even though the reason for sentencing under Article 347(1) of the Criminal Act, as well as Article 347(1) of the Act on the Punishment of Criminal Crimes, the Defendant, who committed the instant crime, committed the instant crime, has had the same record of having been sentenced to punishment, suspension of execution, or fines, it is necessary to strictly punish

However, one million won out of the amount of damage is deemed to have been recovered from damage, and other factors such as the defendant's age, character and conduct, environment, criminal records, criminal records, methods of committing a crime, circumstances after committing a crime, etc. shall be determined as ordered by the sentence in consideration of all the sentencing conditions specified in the arguments in this case, such as the defendant'

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