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(영문) 대구지방법원 2016.04.01 2015고단5640
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

On March 15, 2010, the Defendant: “E Frequencybook” located in G, G, C, G, and the victim F requires KRW 20 million to the victim F.

Since then, the scrap metal will be supplied.

The phrase “ makes a false statement.”

However, in fact, the Defendant did not have any special revenue, and there was a considerable amount of KRW 70 million such as financial debt, and since the Defendant did not secure scrap metal, there was no intention or ability to deliver scrap metal even if he received money from the injured party.

The Defendant, as above, was issued KRW 55,300,000 for the total amount of 44 times from the time of deception, as shown in the annexed crime list from March 16, 201 to August 11, 201, by deceiving the victim and receiving KRW 5,5,300,000 from the victim as deposit from the victim around March 16, 201.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. The application of Acts and subordinate statutes to attach a detailed statement of account transactions in the name of the complainant, a criminal investigation report (a suspect's Daegu Bank Account Analysis and a detailed statement of account transactions), a document of account transaction in the name of the suspect, a criminal investigation report (a document of account transaction in the name of theG) (a document of account in the name of the Daegu Bank Account), and

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act / [the scope of recommending punishment] In the mitigated area (one month to one year) of Class 1 (less than KRW 100 million) (a month to one year), in a case where punishment is not imposed or considerable damage is recovered [the decision of sentence], it is not good that a considerable amount of money has been acquired through fraud over a long period of time.

However, the fact that the defendant is divided by mistake, that there is no past record of punishment for the same kind of crime, and that there is no punishment heavier than the fine, and that the victim is the preference of the defendant by agreement with the victim.

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