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(영문) 수원지방법원 성남지원 2015.07.09 2015고단850

사기

Text

A defendant shall be punished by imprisonment for six 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

On August 8, 2012, the Defendant borrowed KRW 33,50,000,00 from the Plaintiff’s office in Seocho-gu Seoul, Seocho-gu, Seoul, with the trade name of “B” and “B” to the victim C who operates the scrap metal business. When the Defendant loans money to the Defendant, the Defendant made a false statement to the effect that the Defendant would make the payment by August 30, 2014, and the face value of KRW 33,500,00,000, and the date of issuance on August 8, 2012, and the date of payment on August 30, 2014.

However, in fact, the defendant purchased scrap metal from the construction site of Daewoo Construction subway and sold it at a low price to B, or borrowed money, there was no intention or ability to pay it.

The Defendant received 33,500,000 won from a Korean bank passbook in the name of F from the victim.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes on details of passbook transactions;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] The following shall be taken into account: (a) there is no basic area (6-100,000 won or less) of types 1 (6-100,000 won or more) (6-10,000 won or more) of the basic area (6-10,000 won or more) of the suspended sentence; (b) reflects the decision of sentence; (c) the repayment of the remainder of the amount of damage in this case; (d) there is a future repayment of the remainder;