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(영문) 서울동부지방법원 2018.10.04 2018고단50

사기

Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【The Defendant was sentenced to a suspended sentence of one year for a violation of road traffic laws at the Seoul Northern District Court on November 2, 2017, and the judgment became final and conclusive on the 10th of the same month on the 10th of the same month. On November 22, 2017, the Seoul Eastern District Court sentenced a suspended sentence of two years for a violation of the Punishment of Tax Evaders Act at the Seoul Eastern District Court on June 30 of the same month, and the said judgment became final and conclusive on the 30th of the same month.

【Criminal facts” at the office of the original selling company in the name of “E” operated by the Defendant in Dongdaemun-gu Seoul Metropolitan Government around March 2016, the Defendant would pay the victim F the original amount in full for the following month after the delivery of the original group to the victim F.

“A false representation was made.”

However, at the time of the occurrence of the existing debt amounting to KRW 900 million, the Defendant had no intention or ability to pay the said debt on the date of promise even if the financial situation continues to worsen, such as the occurrence of additional loss of KRW 200 million in the process of incorporation into the above E and the occurrence of additional loss of KRW 200 million in the process of making the said E into the corporation on July 2016.

The Defendant was supplied from June 3, 2016 to December 27 of the same year the sum of KRW 108,542,240 as indicated in the list of crimes in the attached Table from around June 3, 2016 to the damaged party.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Legal statement of F;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. A request for each outstanding amount and a certificate of process;

1. Previous convictions in the judgment: A reply to inquiry, such as criminal history, a copy of each judgment, investigation report (Confirmation of Case of Violation of Punishment of Tax Evaders Act), and application of Acts and subordinate statutes to the details of progress

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the choice of punishment (in comprehensive, the choice of imprisonment);

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The Criminal Act, the suspension of execution;