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(영문) 대전지방법원 2015.08.18 2015고단1663

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

Around July 2, 2012, the Defendant made a false statement that “The Defendant would pay KRW 50 million until August 15, 2012, if he/she borrowed KRW 50 million from Daejeon to operate a restaurant,” to the victim of a dissolved product processing plant operated by the victim D in the Chungcheongnam-gun, Chungcheongnam-do.”

However, in fact, from March 19, 201 to April 18, 2012, the Defendant failed to pay the sum of KRW 16.2 million from around March 19, 201 to April 18, 201, and the enemy operating the restaurant did not properly pay monthly wages to its employees, and there was no intention or ability to pay the principal on the agreed date because of the situation where the Defendant had to pay bank obligations equivalent to KRW 200 million.

As above, the Defendant, by deceiving the victim, received 50 million won from the victim to the bank account in the name of the defendant on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of each statute on a loan certificate;

1. Article 347 (1) of the Criminal Act applicable to the crimes;

1. It is so decided as per Disposition for the reason under Article 62 (1) of the Criminal Act or more of the Criminal Act, considering the fact that the suspension of execution (such as the fact that it has been agreed with the victim smoothly and the depth is