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(영문) 대전지방법원 서산지원 2014.02.13 2013고단154
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

Punishment of the crime

Around March 20, 2010, the Defendant stated that “If the Defendant borrowed 50 million won as he/she is urgently required to leave the ship from the port, he/she will pay the victim more than 5 million won as he/she will pay the victim more than 5 million won after the month.”

However, even if the Defendant borrowed money, it was thought that some of the money was used for gambling loans, etc., and at the time, the bonds were more than 180 million won and operated as a fishing vessel, but there was no income for departure, and there was no intention or ability to pay the money by the date of the promise of the victim, because there was no income for departure from the port.

The defendant was given 50 million won from the victim's seat.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. A complaint, a statement on personal financial transactions, and a letter;

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

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

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

1. The defendant in the reason of sentencing under Article 62-2 of the Criminal Act on probation and community service order, even though he/she had been guilty of fraud and gambling several times, has by deceiving the victim again, and the nature of such crime is not good.

However, the execution of a sentence shall be suspended in consideration of the fact that F repaid 20 million won on behalf of F and repaid the remaining amount by July 30, 2014, and probation is ordered to prevent recidivism and to verify the performance of damage.

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