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(영문) 창원지방법원 통영지원 2017.07.14 2016고단1083
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On June 2015, the Defendant sought “D” in the macro-city C operated by the Victim B, and tried to operate the victim’s “Sae E from e to F with the trade name.”

In leasing the above main building, the lessor paid KRW 20 million out of the deposit amount of KRW 50 million to the lessor, and as soon as the remainder of KRW 30 million is expected to be paid, the lease deposit amount of KRW 50 million has been leased KRW 20 million as security. Accordingly, the lease amount of KRW 1 million has to be changed every month from July 5, 2015 to July 20 months.

1. As seen, the Plaintiff made a false statement to the effect that the Plaintiff was “.”

However, in fact, the Defendant did not have to receive the rent deposit due to the lack of the payment of the rent deposit to the lessor of the above building, and did not repay the existing debt at the time, and the monthly rent of the above main office was not very good enough to pay the above money. However, even if the Defendant borrowed the above money from the victim, it did not have any intention or ability to repay it.

Nevertheless, on June 5, 2015, the Defendant acquired 20 million won from the damaged party to the Agricultural Cooperative Account in the name of the Defendant.

Summary of Evidence

1. A protocol concerning the examination of partially the police officers of the accused;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes to a loan agreement, notice of transfer of credit, contract for transfer of credit, lease contract, process deed, certificate of confirmation of transfer by Internet banking, ledger of sales bonds, and detailed statement of deposit transactions;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense, Article 347 (1) of the Criminal Act concerning the selection of punishment, and reasons for sentencing of imprisonment;

1. Scope of punishment: Imprisonment with prison labor for one month to ten years;

2. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] shall be the basic area (six months to one year and six months) (the period from six months to one year and six months) of the types of fraud (the period of less than 100 million won).

3. It is favorable for the defendant to have no record of punishment exceeding a fine in light of the following: (a) the amount of money that the defendant acquired by deception and the fact that the damage is not completely recovered; and (b) the defendant has no record of punishment.

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