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(영문) 서울남부지방법원 2016.02.19 2014고단3164

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On May 25, 2012, the Defendant would purchase 40,000 won per 2,70,000 won per 5,000 won per 1,40,000 won per 10,000 won as the Defendant had been preparing to open a entertainment room in a mutually influent restaurant located in Daegu-gu, Daegu-gu, Seoul-gu, for the purpose of purchasing 40,000 won per 1,40,000 won per 5,000 won.

The phrase “ makes a false statement.”

However, in fact, the Defendant thought that part of the purchase price will be used for the personal purpose of the Defendant, so even if the Defendant received the purchase price from the injured party, he did not have the intent or ability to purchase 40 recreations.

The Defendant, as such, by deceiving the victim, received KRW 20,000 from the victim, a total of KRW 80,000 from the new bank account with D around May 31, 2012, and KRW 60,000,00,000 from the E Nong Bank account around June 12, 2012.

Summary of Evidence

1. Legal statement of witness F;

1. Entry of a defendant in part in the protocol of second public trial;

1. A complaint;

1. A certificate of deposits without passbook;

1. Deposit in and withdrawal from the principal;

1. Application of the Acts and subordinate statutes governing the details of the deposit in free savings transactions;

1. The relevant legal provisions on criminal facts, Article 347(1) of the Criminal Act on the choice of punishment, the grounds for sentencing of sentence of imprisonment [the scope of recommendation] [the grounds for sentencing of sentence] shall not be exempted since no person [the person subject to special sentencing] in the basic area (from June to January 1, 6] (no person subject to special sentencing] [the decision of sentencing] is a small amount of damage (the decision of sentencing was made], and no damage was entirely recovered even if the person had given a considerable period of time for the request for change, and thus no damage was completely recovered.

The decision shall be made as per the order of sentencing according to the sentencing criteria.