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(영문) 서울북부지방법원 2016.07.22 2016고단1308

사기등

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 5, 2014, the fraud Defendant: (a) purchased an article amounting to KRW 1,862,500 from Jun. 6, 2014 to Jun. 10, 2014; (b) purchased an article amounting to KRW 1,862,50 from Jun. 6, 2014 to Jun. 10, 201; and (c) acquired a pecuniary benefit equivalent to the same amount by failing to pay the price, even if the Defendant was unable to use a credit card from another person due to the lack of a certain import; and (d) purchased an article amounting to KRW 1,862,50 from Jun. 6, 2014 to Oct. 10 of the same month, 200.

2. On June 2014, the Defendant, who had forged or falsified securities, committed an exercise of securities, with the aim of exercising the right at the residence of the Defendant in Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City D3’s residence, using a promissory note in the column for the amount of money in the face of the face-to-date, “ million won” in the face of the issue date, “F” on September 6, 2014, “FF E” on the issuer’s address column, and “joint and several guarantor E” on the issuer’s name column and “FF” on the same day, forged one copy of a promissory note, which is a securities, and was issued to the victim in front of the said residence on the same day, as if a forged promissory note was actually issued to C without knowledge of the aforementioned circumstances.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant legal provisions of the Criminal Act and Article 347(1) (Crime of Fraud, Imprisonment with prison labor), Articles 214(1), 217, and 214(1) of the Criminal Act for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The sentencing of Article 62(1) of the Criminal Act under the suspended sentence is less than KRW 110,00,000, which is the basis for the reduction of the classification of the types of crimes, from KRW 1.1 billion to June 1 from June 1 to June 2 (general fraud).