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(영문) 수원지방법원 2018.01.18 2017고단5733

사기

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On February 5, 2017, the Defendant is required to use money to the victim F in the E coffee shop located in Young-gu, Young-gu, Suwon-si. “The Defendant is well doing business, and the customer has yet to know money.”

The principal shall be paid within 10,000 won and the interest shall be paid within 7,50,000 won, if the principal shall be paid within 10,000 won from the Customer.

“.....”

However, while operating a clothing store without any particular property or revenue at the time, the Defendant was urged to pay the amount equivalent to KRW 30,000,000 of clothes, and it was necessary to receive funds, while there was no credit to receive money from the Customer. Therefore, even if the Defendant borrowed money from the damaged party, there was no intention or ability to pay it.

Nevertheless, as the Defendant would make a false statement to the victim as seen above within the time limit for repayment, the Defendant received the amount of KRW 25 million from the injured party to the Saemaul Treasury account (G) in the name of the Defendant, and acquired it by fraud.

Summary of Evidence

1. To inquire the Defendant’s legal statement F of each investigation report (a criminal suspect, H telephone conversations, I representative J telephone conversations) on the Defendant’s legal statement F, and to inquire about the transaction details, and to the application of Acts and subordinate statutes on passbook transactions;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is that the Defendant was sentenced to a suspended sentence of eight months on April 21, 2016 by imprisonment with prison labor for a violation of the Game Industry Promotion Act at the Suwon Methods Institute, and two years during which the Defendant was sentenced to a suspended sentence.

4. 29. The above judgment became final and conclusive and during the suspension period, but the crime in this case was committed, and the amount of fraud is also not much necessary to punish the defendant.

However, by the unanimous agreement with the victim, the victim does not want the punishment of the defendant, seriously reflects the mistake, and there is no criminal record of the same kind.