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(영문) 대전지방법원 2014.11.14 2014고단2835
사기
Text

A defendant shall be punished by imprisonment for one year.

except that 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

On August 27, 2014, the Defendant was sentenced to imprisonment with prison labor for obscenity in the Daejeon District Court for six months, and the judgment was finalized on September 4, 2014.

Around March 25, 2011, the Defendant made a false statement to the victim D of pro-Japanese Mapo-Mapo-Mapo-Mapo-Mapo-Mapo-Mapo-Mapo-Mapo-Mapo-Mapo-Mapo-Mapo-Mapo-Mapo-Mapo-Mapo-Mapo-Mapo-Mapo-Mapo-Mapo-Mapo-Mapo-Mapo-Mapo-Mapo-Mapo-Mapo-Mapo-Ma (hereinafter referred to as the “Woo-Mapo-Mapo-Ma”), which reads.

In fact, at the time, the Defendant had received only the consent of the land owner's use of the land owner in the Magacheon-gun, Seocheon-gu, Chungcheongnam-gu, Chungcheongnam-do, the Defendant promoted with E at the time. In fact, it was impossible to procure KRW 3.5 billion of the land price because it could not sell the land in its condition. In the event that the Defendant borrowed a lot of money in order to carry out the sex development project, it was thought that the Defendant would repay the existing debt even if he borrowed money from the victim, or use it for personal purpose, and there was no other property or income, and therefore there was no other intention or ability

As above, the Defendant, by deceiving the victim, received KRW 100 million from the victim to his own agricultural bank account (F) for the same day as the loan money, and acquired it by fraud.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Application of criminal records and statutes governing final and conclusive judgments;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 (1) of the Election of Imprisonment or Imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The reasons for the suspended sentence under Article 62(1) of the Criminal Act are as follows: (a) one time of the suspended sentence; (b) three times of a fine; (c) personal trust relationship with the victim, which has no record of criminal punishment; (d) the victim’s serious damage; and (e) the recovery of damage; (e) the exemption from punishment; and (e) the failure

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