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(영문) 대전지방법원 논산지원 2016.02.16 2015고단579
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

While the Defendant was performing a new loan construction work on March 18, 2014 at the Jung-gu Daejeon-gu Daejeon-gu, Daejeon-gu, Seoul-gu, there is no money to pay the victim D with accommodation and food expenses.

If there is no money, the credit card will be lent. The face value of the credit card loan will be repaid at the construction cost in E construction sites, etc.

“.....”

However, the Defendant was in a state of bad credit standing due to delinquency in paying the credit card price, such as preventing a large amount of credit cards at the time. The Defendant used the bonds of KRW 50,000,000 through KRW 60,000,000 on an average of KRW 4,000 through KRW 5,00,000 on a monthly basis. On the other hand, even if the construction cost was paid at the construction site of E at the construction site, the Defendant did not have any intent or ability to repay the credit card price, even if he borrowed the credit card from the person under consideration, such as using all other obligations.

The Defendant, by deceiving the victim as such, received six credit cards, such as the card, from the victim who is owned by the victim, and used the card amount equivalent to KRW 20,121,310, but did not complete payment, thereby acquiring property profits equivalent to the same amount.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police with respect to D, F and G;

1. Application of the standard subcontract agreement for construction works, written performance, contract for sale in lots, written agreement for the waiver of construction works, written agreement for payment, respectively, and the Acts and subordinate statutes;

1. Relevant Article of the Criminal Act; Article 347(1) of the Criminal Act, inclusive, the choice of imprisonment for a crime;

2. Grounds for sentencing under Article 62 (1) of the Criminal Act of the suspended execution.

1. Recommendations based on sentencing standards;

(a) Class 1 (less than KRW 100,00) (in the case of less than KRW 100,00) in the mitigated area;

(b) Where a person intentionally commits a deceptive act with a special mitigation, or the degree of the deceptive act is weak;

2. The fact that the accused who has rendered the decision of sentence has divided the crimes and confessioned them, and the accused.

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