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(영문) 수원지방법원 성남지원 2017.06.23 2017고정523
사기
Text

Defendant shall be punished by a fine of 4.5 million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant around August 19, 201, in the Yongsan-gu Seoul Metropolitan Government "C" located in Yongsan-gu, Yongsan-gu, Seoul around August 19, 201, "the victim D is scheduled to open his/her age club, and the fund is

On December 30, 2011, a false statement was made to lend KRW 10 million.

However, the facts are that the Defendant had been operating the age club, and the newly promoted age club business could not be opened due to the lack of properness, and was unable to repay the money borrowed from the beneficiary, and the employee did not pay the money properly, so there was no intention or ability to pay the money even if he borrowed the money from the victim.

The defendant received 10 million won from the damaged person as the borrowed money on the same day and acquired it by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Original of a loan certificate;

1. Application of the Acts and subordinate statutes governing the withdrawal table;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act in the Criminal Procedure Act requires due consideration of the following circumstances: (a) the sentencing conditions stated in the records of the instant case, such as the age, sex, criminal conduct, family relationship, family environment, motive and means of the commission of the crime, and the circumstances after the commission of the crime; and (b) the sentence such as the order.

Unfavorable circumstances: The records of the crimes of the same kind and various different types of crimes, the records of the non-agreement, the favorable circumstances in which no damage is recovered: the confession and other circumstances: the amount of damage (Evidence No. 5-1 of the evidence record) proved by the withdrawal slips;

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