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(영문) 수원지방법원 안산지원 2014.02.07 2013고단2457
사기
Text

A defendant shall be punished by imprisonment for six months.

However, 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

On May 10, 2013, the Defendant was sentenced to one year of imprisonment for fraud at the Seoul Central District Court, and the sentence became final and conclusive on the 17th of the same month.

The defendant, on February 10, 2001, was unable to register the business under the name of the former husband due to bad credit standing, and was registered under the name of the defendant E on February 10, 2001, and borrowed money from the land owner as business funds, but the above D business continued to operate the above D business, but the business was discontinued on June 30, 2007, and the bonds were closed on June 30, 2007, and there was no intention or ability to repay it even if the bonds were borrowed more than 3

Nevertheless, on November 9, 2006, the Defendant, at the victim C’s house located in Pyeongtaek-si apartment 102 Dong 512, 102, and 512, stated that “If the Defendant borrowed construction funds or equipment costs to operate the E company, it would be repaid without the mold” to the victim, he received 20 million won from the victim for construction funds, i.e., payment from tin to 20 million won, and in the same place as on December 9, 2008, 10 million won, around January 19, 2009, around January 29, 2009, and around January 29, 10 million won, and around February 26, 2009, he acquired 55 million won under the name of borrowed money.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Inquiries, such as criminal records, and the application of Acts and subordinate statutes reporting criminal investigations;

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the injured party does not want the punishment of the accused and that the injured party repents wrong facts);

1. Social service businesses under Article 62-2 of the Criminal Act;

1. Article 25(1) and (2), Article 31(1), (2), and (3) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits for Compensation Orders and the victim agreed on the amount of compensation and payment method.

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