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(영문) 의정부지방법원 2018.07.11 2018고단323

사기

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On January 25, 2017, the Defendant: (a) around Suwon-si, Youngwon-si CKalet D, “The Victim E is currently operating a “G” brokerage shop in F; (b) additional, KRW 30,000,000,000,000,000,000 won are temporarily insufficient to open one, and (c) monthly, would pay interest of KRW 600,000,000,000,000,000 won, and would be repaid after three months.

In addition, "G" wabs will provide 40 million won as security for the rent deposit.

“A false representation was made.”

However, the Defendant did not have any intent or ability to pay the amount of money from the damaged party, even if he borrowed money from the damaged party in excess of KRW 50 million without any particular property at the time. However, the Defendant had no intention or ability to provide the said deposit to the injured party as security by transferring the claim for refund of KRW 40 million in the “G” wabol to the (State) New Iri Unit.

Nevertheless, the defendant deceivings the victim as above and acquired 30 million won from the victim to the company bank account in the name of the defendant on the same day as the loan money from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes for the certificate of transfer confirmation;

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

1. Article 62 (1) of the Criminal Act on the suspension of execution (including the fact that there is no previous conviction exceeding a fine, the fact that the victim does not want the punishment, and the fact that the victim reflects it);