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(영문) 수원지방법원 안양지원 2018.11.27 2018고단1489

사기

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 became final and conclusive.

Reasons

Punishment of the crime

The defendant is in collusion with E while operating A and D in Ansan-si, and around March 30, 2015, in collusion with E during the operation of A and D, and the fact is in the non-permanent restaurant of the above company's neighborhood around March 30, 2015, and even though the Do himself offered to the victim F as security does not own the defendant's head and does not have any special security value, E shall export the victim's "The Management Bank D shall export it to Vietnam, and it is urgently necessary to raise funds of KRW 70 million.

The loan of money is to combine up to the borrowed money within two weeks, and 1.90 million won will be repaid.

The defendant's long-term market value equivalent to KRW 200,00,000 will be offered as security.

“Falsely speaking,” and the Defendant is owned by the principal of his own will to offer the victim as security.

It is the family and advanced works of the house.

“Falsely speaking,” the member provides the victim with his own own as security and then provides the victim with his own account and account (G) of the Saemaul Treasury in the name of E on the 31st day of the same month, 20 million won around the same year;

4.1. Around 50,000,000 won, including around 50,000 won, were acquired through deception.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. Application of the law of the police statement protocol to F;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

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

1. Scope of the recommended punishment on the sentencing guidelines: Where one month to one year [the scope of the recommended punishment] is reduced (one month to one year) in the mitigation area (one year from January to one year), or where the punishment is not reduced, or where considerable damage is recovered;

2. Determination of sentence - Determination of favorable circumstances: the fact that it is against the law, the fact that it is agreed with the victim, and the fact that it has a same criminal record;