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(영문) 서울남부지방법원 2020.01.22 2019고단264

사기

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

Defendant is the president of a private teaching institute and is prosecuted as Co-Defendant B, but has been separated from pleadings.

A. A person engaged in cosmetics distribution business. The Defendant and B conspired to receive money as a loan intermediary fee from the victim C who intends to build a hotel in Yangyang-do and acquired money from the victim C who intends to build a hotel on March 2, 2017, and on March 2, 2017, the fact at the office of the “E” corporation located in the D Building in Yeongdeungpo-gu Seoul Metropolitan Government (Seoul), even if receiving the loan intermediary fee, the intention or ability to obtain a loan of KRW 40 billion, and the victim did not have the intention or ability to obtain a loan of KRW 40 billion from the financial institution, so that the victim can obtain a 40 billion PF loan from the financial institution to construct a hotel as a loan intermediary fee, and the victim acquired it by transfer from the victim through the F bank account in the name of B as of the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to a financial brokerage contract and a written confirmation of payment of price;

1. Relevant Articles 347(1) and 30 of the Criminal Act concerning the crime, the choice of punishment, and the choice of imprisonment;

1. Circumstances unfavorable to the sentencing of Article 62(1) of the Criminal Act: The contents and methods of the deception in this case, and the amount of deception (100 million won) shall not be mitigated;

It seems that the damage has not been completely recovered.

There is a history of punishment for the same crime.

The defendant is recognized to commit a crime in favor of him.

The injured shall not want the punishment of the accused.

There is no history of criminal punishment exceeding a fine.

As above, in full view of the circumstances and the age, character and conduct, motive and background, means and consequence of the crime, the circumstances after the crime, etc. of this case and the sentencing conditions indicated in the records, the punishment as ordered shall be determined.