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(영문) 대전지방법원 천안지원 2013.06.20 2013고단200

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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

The Defendant was in a situation where the Defendant, without any funds in fact, engaged in the preparation for D contact, while running the performance planning company that is “F” on the second floor of the E building in the Chungcheong City, and was unable to pay 1,450,000 won out of the workers’ wages, and even if the Defendant borrowed money from others, he did not have any intent or ability to repay the money. However, around October 15, 201, the Defendant, around 15:00, Cheongju-si, decided to supervise the victim I with the above contact on October 15, 201, 300,000,000 won, including the amount of money sold at C contact at the Chungcheong Sports Center located in Chungcheongnam-si, and 5,000,000 won in the name of the victim, 50,000 won in the name of the victim, and 1.5,000,000 won in the name of the victim.

7. A person received a total of KRW 56 million, such as receiving KRW 25950,000 from the same account and receiving KRW 50,000,000 in cash.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Statement of the police statement to I;

1. K's certificate of fact;

1. Application of Acts and subordinate statutes to the current status of the entire tugboat transactions, loan certificates, details of passbook transactions, details of account transactions (the account in the name of the accused) and investigation reports (Attachment of cases of the same kind of power as a suspect);

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

1. The reason for sentencing under Article 62(1) of the Criminal Act is the case where the defendant, who had been sentenced two times to suspended sentence due to the crimes of several laws similar to this case, committed another crimes of the same law in the period of suspended sentence, and the restoration of damage is entirely the same.