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(영문) 수원지방법원 성남지원 2015.12.21 2015고단2490

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

around October 8, 2014, the Defendant: (a) around the D theater located in Jongno-gu Seoul; (b) “The Defendant is promoting the withdrawal and incineration of the checks issued at the time of the G regime in the present government; (c) once, at the place of “H”, 30 million won in front of the face value of KRW 100 million in front of the check, and presented it to the Chairman of the Financial Services Commission, the Ministry of Finance and Economy, and the members of the Financial Services Commission; and (d) immediately, upon confirmation that the check is true, immediately hold the check KRW 1:20,000 in H. If the Government takes it up to the face value of the check recovered. However, if the Government takes it out from H, the Defendant would have borrowed KRW 30,000,000 from the “H” and would have refunded KRW 30,000,000 won within 2-3,000,0000,000 won if the loan was not made, 300,0000,00 won.

However, even if the defendant borrowed KRW 30 million from the victim, he did not have any intention or ability to return the borrowed principal within 2-3 days or to deliver KRW 600 million.

Around 18:00 on October 10, 2014, the Defendant, by deceiving the victim as such, received KRW 30 million from the victim, a total sum of KRW 10 million on the face value of the check issued by the Nonghyup Bank under the pretext of the loan from the second floor of Yari J in Songpa-gu Seoul, Songpa-gu.

Summary of Evidence

1. Defendant's legal statement;

1. The statement concerning F;

1. Application of Acts and subordinate statutes to investigation reports (check number verification);

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommending sentence] general fraud (less than KRW 100 million) and no basic area (6-1 year and 6 months) (special person) (the decision of sentencing) is the same kind of crime (the decision of sentencing).