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(영문) 서울중앙지방법원 2017.06.15 2017고단2563
사기
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

[Criminal record] On October 22, 2015, the Defendant was sentenced to a suspended sentence of two years for fraud at the Seoul Central District Court on August 22, 2015, and the judgment became final and conclusive on April 15, 2016.

[Criminal facts] The Defendant, around June 2012, at the victim D's office located in Gangseo-gu Seoul Metropolitan Government Seoul Metropolitan Government around June 2012, he/she is carrying on ELD export business, and he/she can receive a large amount of money from the Thailand by exporting PE

When lending money, it is used as export business expenses, etc. and it is possible to pay the profits and principal immediately.

“False speech was made to the effect that it was “.”

However, the Defendant did not have certain property or income at the time, and the amount of taxes in arrears was equivalent to KRW 80,000,000,000, and the Thailand was neither exported nor did there have been any preparation to enter into an export contract, such as PEB. Therefore, even if the Defendant borrowed money from the victim, the Defendant did not have the intent or ability to pay the principal and profit to the victim.

The defendant deceivings the victim as such, and is therefore subject to the same year as the borrowed money from the damaged person.

7. 4.5 million won, around 19.1 billion won, for the same year.

8. Receipt of a remittance of KRW 10 million from around 13. Around 10,000 to a weather bank account (Account Number: E) in the name of the defendant, and for the same year.

8. Around 24.2.3 million won was transferred to one bank account (Account Number:F) in the name of the accused.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or G;

1. Written complaint (including attached documents);

1. Details of text;

1. Previous convictions: A written reply to inquiry, such as criminal history, (A), report on investigation (Attachment of suspect's judgment), and application of the text of the judgment;

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

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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 Criminal Act on the suspension of execution is that the Defendant did not compensate for the damage caused by the instant crime, and that the Defendant did not receive a letter of suspicion from the injured party is disadvantageous to the Defendant.

judgment becomes final and conclusive.

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