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(영문) 광주지방법원 2015.02.11 2014고단4162
사기
Text

The punishment of the accused shall be determined by six months of imprisonment.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

On June 26, 2013, the Defendant stated to the effect that “The credit card payment is a credit card payment, and there is a lack of 2.5 million won.” The revision of a limited liability company to pay the meat sales amount to KRW 60 million is not yet paid money. The Defendant borrowed money without money until July 30, 2013 to repay the money without money.”

However, in fact, the Defendant did not have any meat sales price to be paid by the revision of the limited liability company, and rather, the Defendant did not have any intent or ability to pay the price even if the Defendant borrowed money from the victim, such as the price of meat supplied to the Defendant is 25 million won

As above, the Defendant, as well as by deceiving the victim as above, received KRW 2.5 million from June 26, 2013 to August 3, 2013 on a total of 12 times, such as the list of crimes in the attached Table, by deceiving the victim and receiving KRW 23.2 million from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol of statement B to the Acts and subordinate statutes

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 (1) of the Act on Probation, etc.;

1. The scope of the sentencing guidelines for sentencing [the determination of types] the category 1 (less than KRW 100,00) of general fraud [the determination of the recommending area] basic area [the scope of the recommending area] 6 months to 1 year and 6 months [the general person] - the use of personal trust relationship for aggravated factors where there are purposes, such as basic cost of living and treatment, etc.

2. Whether or not the suspension of execution is added - Major reasons for the suspension of execution - negative unagreement - Reasons for general participation: No effort to recover from negative damage - General participation: Suspension of execution where there are purposes of basic livelihood and medical expenses, etc.

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