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(영문) 수원지방법원 성남지원 2014.08.21 2014고단1344
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Criminal facts

On March 16, 2012, the Defendant concluded that the D Co., Ltd. office, a removal company of the Defendant’s operation in Seo-gu, Seo-gu, Seo-gu, Seocheon-gu, Seoul, intended to examine the victim E the right to remove the model house of the “F” apartment model from the “F” by telephone, and that if the Defendant borrowed KRW 30 million, he would have the right to remove the accident by selling the scrap metal and pay the proceeds therefrom.

However, in fact, the Defendant did not want to purchase the right to remove a model right from F, and at the time F did not have the right to remove, and was intent to use the money borrowed from the victim for other purposes, while the Defendant did not have any specific property and income, and did not have any intent or ability to repay the money from the victim, even though the Defendant did not lend the money to the victim.

Nevertheless, the Defendant deceiving the victim as above, and thus, it is apparent that the “2013....,” written indictment from the victim on 2012, is a clerical error in the “2012.,” and thus, correct it.

3. Around 19.19. Around 19.20.m., he/she received 30,000,000 won from the Agricultural Cooperatives under the name of D Co. Ltd.

Summary of Evidence

1. Defendant's legal statement;

1. Second prosecutor's protocol of examination of the accused (including the substitute part);

1. Each investigation report ( telephone conversations with the F of Witnesses);

1. Application of Acts and subordinate statutes on financial transactions;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Suspension of execution under Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act shall be taken into consideration where the defendant has reached this court only when it comes to the original agreement with the victim, and where the victim has not been punished against the defendant, and where the victim has recognized the error and reflects

1. Social service order under Article 62-2 of the Criminal Act;

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