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(영문) 의정부지방법원 2021.02.17 2020고단4616

사기

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant was a person who had operated a business place in the Philippines, the Republic of Korea, and the victim B was a travel guide against Korean tourists at the same place.

person is a person.

Defendant on September 2016, 201, Republic of Korea Republic of Korea Republic of Korea Republic of Korea Republic of Korea

It is not enough that the victim would attempt to start the business at the location of the "C" business where the defendant's operation was in the vicinity of the melting Sea.

When lending money, the amount of KRW 500,000 per month shall be paid as interest.

The principal shall be returned immediately if necessary.

“The phrase “ was false.”

However, in fact, the defendant thought that he would use money as gambling funds from the damaged party, and there was no plan to implement a new project, and there was no special punishment, and there was no intention or ability to pay the money as agreed with the injured party.

Nevertheless, the Defendant acquired USD 26,500 ($ 32,000,000) from the injured party for the purpose of borrowing money from the seat and acquired it by money.

Summary of Evidence

1. Application of Acts and subordinate statutes to record receipt of police statement No. 2 to the defendant's legal statement B;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the recommended punishment according to the sentencing guidelines [type 1] The amount of punishment [the area of recommendation and the scope of the recommended punishment] according to the sentencing guidelines shall be less than KRW 100 million (the type 1], and the factors for mitigation of punishment shall be less than KRW 100 million (the person subject to special sentencing]: where punishment is not granted or significant damage has been recovered (the area of recommendation and the scope

2. Determination of sentence: The Defendant, one year after the suspension of the execution of six months of imprisonment, by deceiving the victim, thereby deceiving USD 26,50.

Although the defendant paid the amount equivalent to the amount of damage, it seems that the victim suffered economic difficulties due to repayment after the considerable period of time.

The criminal liability of the defendant is not easy to say.

However, the defendant committed the crime of this case.