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(영문) 서울북부지방법원 2018.04.12 2017고단2628

사기

Text

A defendant shall be punished by imprisonment for six months.

However, 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

On March 13, 2015, the Defendant was sentenced to ten months of imprisonment for fraud at the Seoul Northern District Court, and on October 15, 2015, the Defendant was sentenced to eight months of imprisonment for the same crime in the same court, and the said judgment became final and conclusive on March 11, 2016.

On January 15, 2014, in the office of the Dispute Resolution Co., Ltd. in Gangnam-gu Seoul Metropolitan Government, the defendant called the victim F, the vice president of the Dispute Resolution Co., Ltd., which is the Co., Ltd. of the Dispute Resolution Co., Ltd., a new factory construction corporation located in D, the defendant called the victim F, the vice president of the Dispute Resolution Co., Ltd., in order to prepare for

“The design change cost of KRW 20 million shall be repaid by the end of May 2014 on the loan of KRW 20 million.

“False speech” was made.

However, even if the Defendant received money from the injured party, the Defendant was only planned to use the money for personal purposes, such as living expenses and entertainment expenses, and there was no intention or ability to use the borrowed money from the injured party as the design modification cost, and there was no intention or ability to return the said money until the due date for payment.

The Defendant was transferred from the victim the amount of KRW 7,00,000 on February 21, 2014, KRW 7,000,000 on February 21, 2014, and KRW 4,000,00 on April 30, 2014 to the above corporate account (corporate bank: G) of the Defendant.

Accordingly, the defendant deceivings the victim to take the property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Details of deposits in borrowed funds;

1. Previous convictions in judgment: Application of Acts and subordinate statutes of investigation report (report on confirmation of concurrent relations by the latter part of Article 37 of the Criminal Act);

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

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

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence recognizes the defendant as committing a crime and reflects in depth, and the victim does not want the defendant's punishment, the circumstances in which the defendant's punishment is being committed, and the case where the judgment was rendered concurrently with the one for which the judgment became final and conclusive.