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(영문) 수원지방법원 여주지원 2017.06.21 2017고단120

사기

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal records] On August 14, 2013, the Defendant was sentenced to a suspended sentence of three years on the one and half years of imprisonment with prison labor for fraud at the Suwon Friwon, and the judgment became final and conclusive on the 22th of the same month.

[2] On April 12, 201, the Defendant loaned KRW 5 million to the victim E at the D Travel Agency Office located in Yeongdeungpo-gu Seoul Metropolitan Government around April 12, 201, and requested to return money at any time. The Defendant is obliged to pay with interest.

The phrase “ makes a false statement.”

However, at the time, the Defendant was in a situation where he was unable to return the investment money to the investors in the business, such as the hotel casino business and the Internet gambling business, and the success of the remodeling business of the building in which the Defendant invested was unclear, and there was no intention or ability to repay the said money even if he borrowed money from the victims because there was no other property owned, and it was thought that the said money would not be used as business funds, but be consumed by personal debt repayment, living expenses, etc.

Nevertheless, the Defendant received from the injured party a copy of 50 million won check from the place of the damage, thereby deceiving the injured party and being given property.

Summary of Evidence

1. The defendant's legal statement (the second public trial date);

1. Statement made by the police for E;

1. A loan certificate or a copy of a check;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports (Attachment to judgment);

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. The first sentence of Article 39 (1) of the Criminal Act concerning the treatment of concurrent crimes: Provided, That the first sentence of Article 37 (1);

1. The defendant, who had been punished several times, including the same kind of crime with reason for sentencing under Article 62(1) of the Criminal Act, is also in a more unfavorable relationship between the crime of this case and the crime of this case, with the judgment that became final and conclusive, and the crime of this case of this case of concurrent crimes after Article 37 of the Criminal Act.