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(영문) 제주지방법원 2017.03.29 2016고단1033
사기
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 2, 2014, the Defendant needs to provide the victim C with clothes in the mutual infinite store operated by the Defendant in Japan, a one-time city located in Japan.

It shall be paid immediately after lending money.

“.......”

However, at the time, the Defendant was liable to pay approximately KRW 10 million to other bond holders, and it was difficult for the Defendant to pay interest on the above obligation with the profits of the clothes held by the Defendant. Even if the Defendant borrowed money from the damaged party, the Defendant did not have any ability or intent to pay the borrowed money from other creditors because it was considered to be appropriated for the repayment of obligation to other creditors.

As above, the Defendant: (a) by deceiving the victim and received 270,000 UN (around 2,700,000 won in Korean Won) from the victim; (b) and (c) obtained a total of five times from July 2, 2014 to August 5, 2014, a total of 180,000 UN (one million Korean Won) from July 2, 2014, and acquired it by deception.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes on a criminal investigation report (International exchange rate);

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of a penalty;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (including the first offender, and the fact that the economic situation is very difficult due to the bankruptcy and exemption procedures of an individual);

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