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(영문) 대구지방법원 2014.07.17 2014고단597
사기
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On October 2012, the Defendant made a false statement to the effect that “If the Defendant lends KRW 20,00,000,000 to 20,000,000 to 1,00,000 to 20,000,000 won to 1,00,000 won to 1,00,000 won to 2,00,000 won to 1,00,00

However, even if the defendant received the above money, he did not have the intention or ability to subcontract the construction to the victim.

As above, the Defendant, by deceiving the victim, received 10,000,000 won from the victim, to the Agricultural Cooperative Account in the name of E on December 7, 2012.

Summary of Evidence

1. Each legal statement of D or F;

1. Statement of D police statement;

1. A complaint filed in D;

1. Application of Acts and subordinate statutes to investigation reports (Submission of E specification of Transactions);

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] General Fraud (less than KRW 100 million) (one month to one year) in the mitigated area (special mitigation) (the special mitigation) or the extent of deception is weak (the decision of sentence] in the case where the fraud of the accused is somewhat weak, the accused does not have the same criminal record, the victim does not want punishment by mutual consent with the victim, and other factors such as the circumstances in which the victim delivered money to the accused, the circumstances after the crime, the age and tendency of the accused, etc.

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