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(영문) 수원지방법원 성남지원 2018.08.29 2018고단372

사기

Text

A defendant shall be punished by imprisonment with prison labor for four 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

On May 20, 2016, the Defendant organized and operated a system of 15,340,000 won for the 20th day of each month, including victims D, and 15,000 won for the 16-month period, such as E, F, G, H, I, J, K, L, M, and N, and 1,340,000 won for the 16-month period (in case of a person who has received a fraternity payment, 1,540,000 won for the following month without paying the monthly fraternity payment) at the cafeteria cafeteria located on the second floor of the Y-gu Seoul Metropolitan Government Building C.

The Defendant, from January 2017, had no intention or ability to pay a fraternity to the victim in a normal manner even if the Defendant received a fraternity from the injured party because of a large amount of money that entered the fraternity with a fraternity deposit.

Nevertheless, the Defendant, while hiding the aforementioned circumstances, received the payment of KRW 1,748,00,00 in total, including KRW 4222,00 on January 20, 2017, KRW 44220,00 on April 20, 2017, KRW 4420,00 on May 20, 2017, and KRW 1,7482,00 on June 20, 201.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Financial transactions with the principal, the liquidation of the subscription money, and each investigation report thereon;

1. Application of Acts and subordinate statutes to a copy of a note related to the fraternity, and a detailed statement of transactions;

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

1. The scope of the recommended punishment on the sentencing criteria [the scope of the recommended punishment] general fraud (less than KRW 100 million) and the mitigated area (one month-one year-one year-one year-one person] shall not be punished;

2. Selection of imprisonment shall be made by taking into account the following factors: (a) a sentence of imprisonment with prison labor for one year [Judgment]; (b) a sentence of imprisonment with prison labor for four months; and (c) a sentence of imprisonment with prison labor for one year with the same power as

However, the defendant's confession, and the fact that the victim does not want the punishment by agreement with the victim is considered as favorable circumstances, and the age, sex, environment, motive, means and consequence of the crime are the defendant's age, sex, environment, motive and consequence.