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(영문) 수원지방법원 안양지원 2016.12.27 2016고단1162

사기

Text

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

Reasons

Punishment of the crime

[2016 Highest 1162] The Defendant, around 17:00 on February 8, 2010, would make up for sales of the F entertainment tavern operated by the victim E (the age of 43) located under the Gangnam-gu Seoul Metropolitan Government D Underground, at least KRW 30 million every month.

In order to settle the cost of conflict and existing workplace, the amount of KRW 50 million is required.

2. Beginning from 9.0 days.

However, even if the Defendant received money from the victim, he did not have the intent or ability to work in G entertainment tavern. The Defendant deceptioned the victim and obtained a delivery of KRW 50 million from the victim as a prepaid money in the same place. [Attachment 2016 high group 1193] around January 20, 2010, the Defendant would raise a sales of KRW 30 million or more per month in G entertainment tavern managed by the victim I in Seoul H. < Amended by Act No. 1032, Jan. 20, 2010>

Note 60,000,000 won in advance

2.3. Commencement of work from 3.0:

The phrase “the phrase was false.”

However, even if the defendant receives money from the victim, he did not have the intention or ability to work in G entertainment tavern.

The Defendant, as such, deceiving the victim and deceiving him, is the same year from the victim.

2.1.Around January, 2000 won was delivered and acquired through deception as a prepaid charge.

Summary of Evidence

[2016 Highest 1162]

1. Defendant's legal statement;

1. Statement to E by the police;

1. A copy of a contract for service (2016 highest 1193);

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. Application of Acts and subordinate statutes to a penalty for breach of a contract;

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

1. Reasons for the sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders [the scope of recommendations according to the sentencing criteria] - The basic area (8 to 4 years) of types 2 (at least KRW 100 million, less than KRW 500 million) and the basic area (8 to 500 million): - The increase in the first step of type as a result of the combination of concurrent crimes - No special person: - None of the sentence [decision].