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(영문) 창원지방법원 2015.07.21 2015고단1347

사기

Text

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

Criminal facts

On February 13, 2012, the Defendant stated that “The Defendant would pay 5% interest per month for the lending of 100 million won to the owner of a house in the D hotel located in Sungwon-si, Sungwon-si, which operated a high-priced imported vehicle to the victim E, as if he/she owns a house.”

However, around July 201, the Defendant was admitted to the police as a result of arranging sexual traffic at a marina business establishment. Since November 201, the Defendant was working at a tax accounting office, but did not operate a marina business establishment. On July 19, 2012, it was difficult for the Defendant to normally operate a marina business after being sentenced to six months of imprisonment and two years of suspended execution with respect to the act of arranging sexual traffic around July 19, 201, and there was no particular property or income, so even if 10 million won was borrowed from the victim, the Defendant did not have the intent or ability to repay it.

The Defendant, as seen above, was issued KRW 70 million from the victim’s seat, namely, KRW 70 million from the victim’s seat, and KRW 30 million from the above D hotel on February 2, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's office and the police statement of E;

1. A complaint;

1. Application of the loan certificate and the respective Acts and subordinate statutes;

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

1. Selection of imprisonment with prison labor chosen;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act [Scope of Recommendation] General Fraud (at least 100 million won, but less than 500 million won), where mitigation area (at least 10 million won, between October and February 6), in the area of mitigation (at least 100 million won), in the area of punishment (special mitigation), in the area of mitigation, or in the case of recovery from considerable damage (at least 10 months of the sentence of sentence] imprisonment for 10 months, in the