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(영문) 수원지방법원 2015.04.08 2014고단3269
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 of the final judgment.

Reasons

Punishment of the crime

On May 5, 2012, the Defendant made a false statement to the victim C, who was aware of in-depth advertising production work in the first place of police officers, to the effect that “it is urgently necessary to pay KRW 20 million with the funds for the discount of the discount of the business, and only one month, if he/she borrowed money, and immediately return money.”

However, in fact, the Defendant has been unable to operate the advertising business from March 201 to June of the same year, and there was no intention or ability to pay in full, even if he/she borrowed money from the victim, since the Defendant had no property at the time of borrowing money from the victim on March 2012, 201, and there was a situation where the Defendant had no intention or ability to pay in full, since 40 million won for each month, and 10 million won for each month, 30 million won for revenue, and 10 million won for each month, and 20 million won for bankruptcy.

On May 12, 2012, the Defendant received 20 million won from the victim to the account under the name of the Defendant.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Some of the protocol concerning the examination of the suspect against the defendant;

1. Statement of the police statement regarding C;

1. Application of the Acts and subordinate statutes for investigation reporting;

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

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

1. In light of all the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act, including the fact that the defendant has no special criminal record, the defendant reflects the crime, and the defendant has made a sincere effort to recover damage, such as partial repayment of the victim's damage and agreement, etc., it shall be decided as per the disposition.

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