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(영문) 수원지방법원 2014.11.20 2014고단4604
사기
Text

The defendant shall be punished by a fine of KRW 2,00,00,00 for the crime No. 2 in the decision, three months of imprisonment with prison labor.

Reasons

Punishment of the crime

[criminal power] On April 19, 2010, the Defendant was sentenced to a suspended sentence of two years for a violation of the Door-to-Door Sales, etc. Act by the Suwon District Court, which was sentenced to a suspended sentence of two years on April 27, 2010. On September 11, 2013, the Defendant was sentenced to a suspended sentence of two years for imprisonment for a crime of fraud at the Suwon District Court for six months and the said judgment became final and conclusive on April 1, 2014.

【Criminal Facts】

1. The Defendant, on November 16, 2009, made a false statement to the effect that “The Defendant would pay 5% interest per month when investing the money and return it until March 1, 2010” at the Samsung Securities Business Point located in Suwon-si transferdong around November 16, 2009.

However, as the defendant had a debt equivalent to 100 million won at the time, there was no intention or ability to pay the amount to the victim.

The Defendant, as such, by deceiving the victim, received 40 million won from the victim around that time.

2. On May 16, 2013, the Defendant committed the crime of May 16, 2013, the Defendant made a false statement to the effect that “The Defendant shall make a full payment by including the money that he/she lent in addition to the money that he/she lent prior to the loan of the money,” in the mutual in the trade refusal shop located in Suwon-gu, Suwon-gu, Suwon-si, Suwon-si.

However, the defendant did not have any intention or ability to repay money.

The Defendant, as such, by deceiving the victim, received four million won from the victim around that time.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A copy of the certificate or a copy of the loan;

1. Previous records: Inquiries and inquiries, and the application of Acts and subordinate statutes of investigation reports (verification of criminal records of the suspect);

1. The relevant Article of the Criminal Act, Article 347(1) of the Criminal Act, and Article 347(1) of the choice of punishment, and Article 347(1) of the Criminal Act, each choice of fines for crimes

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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