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(영문) 광주지방법원 순천지원 2020.05.28 2019고단1865

사기

Text

A defendant shall be punished by imprisonment for six 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

The Defendant is a person who operated “C convenience store” in Macheon-si B and transferred the above convenience store to the victim D around November 28, 2017.

around 15:00 on February 11, 2018, the defendant used 5 million won for the victim's "one million won per day" at the above convenience store. It is not good that the victim has to pay 100,000 won per day.

In other words, the convenience store should not be operated again. 42 million won will be paid to the acquisition price.

It shall pay 20 million won by March 12, 2018 and shall pay 20 million won by March 12, 2018, for the three-story commercial building in the E zone to trade or obtain loans as owned.

4. To pay the remainder of 22 million won up to 12.

"Finally, it made false statements."

However, the Defendant did not have any ownership of a commercial building in the E district and was unable to raise funds due to the purchase and sale of the commercial building or the receipt of the secured loan. At the time, the Defendant was not able to obtain a loan from a micro enterprise because it is not good credit at the time, and there was no intention or ability to pay the acquisition price equivalent to 42 million won as promised to the victim in a situation that is different from the debt such as

Nevertheless, the Defendant, by deceiving the victim as above, received convenience points equivalent to 42 million won at the market price from the victim on the same day and acquired economic benefits equivalent to the same amount.

Summary of Evidence

1. Legal statement of witness D;

1. Statement of D in the suspect interrogation protocol of the accused (including statement of F, G, and H's telephone statement) among the suspect interrogation protocol of the accused (2, 2, 3)

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on loan application;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the victim does not want the punishment against the defendant by agreement with the victim, and that the defendant has no record of criminal punishment exceeding the fine);