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(영문) 서울동부지방법원 2018.02.02 2017고단2695
사기
Text

A defendant shall be punished by imprisonment for not less than eight 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

The Defendant is a person who runs a Cheong-gu and retail business with the trade name called “D” in Busan Seo-gu C.

On January 3, 2017, the Defendant ordered death and 39 boxes to the victim F, who operates E.

However, at the time, the Defendant had been in excess of the obligation due to loans of KRW 5,00,000, KRW 35,000,000 to G, and the obligation due to the outstanding amount due to the transaction enterprise, etc., and was thought to operate only up to the New Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’

Nevertheless, the Defendant: (a) by deceiving the Victim F and being supplied with 2,114,00 won in total at the market price on the same day from the Victim F; and (b) from January 26, 2017 to January 26, 2017, the Defendant deceivings the victims as stated in the attached crime list; and (c) was issued an amount of 65,606,50 won in total from the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F, H, I, and J;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

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. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of the recommended sentence] general fraud [Article 62(1) of the Act on the Suspension of Execution] (Article 62(1) of the Act on the Punishment, etc. of Specific Fraud [Article 62(1) of the Act on the Punishment, etc. of Specific Fraud [Article 62(1) of the Act on the Punishment, etc. of Specific Fraud [Article 4(1) of the Act on the Punishment, etc. of Specific Fraud] In the mitigated area (Article 62(1) of the Act on the Punishment, etc. of Specific Fraud, or the degree of deception is weak (Article 62(1) of the Act on the Punishment, etc.,

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