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(영문) 수원지방법원 2015.12.03 2015고단3700
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[Criminal Power] On December 17, 2014, the Defendant was sentenced to imprisonment with prison labor for six months with prison labor for the violation of the Labor Standards Act in the original state branch of the Chuncheon District Court on December 17, 2014, and the said judgment became final and conclusive on December 25, 2014.

【Criminal Facts】

On February 2, 2014, the Defendant made a false statement to the victim D in the Defendant’s residence located in the Seocho-si, which read that “(a)E’s profit is at least KRW 20 million per month; (b) if the Defendant borrowed KRW 100 million operating funds of the Company, 20 million per month interest; (c) set up a collateral security on the F forest in Gangwon-gu, Gangwon-do; and (d) transfer KRW 50,000,000,000,000,000,000 won of the deposit for the lease of an apartment that is

However, from August 2013, the fact was that the employee's retirement allowance was not always known to the employee due to the difficulties in operating the company operated by the defendant, and the defendant was urged to pay the remaining lease deposit for the apartment house in which the defendant was living. The defendant did not pay the remaining lease deposit amount of the apartment house in KRW 50,000,000 per month and KRW 90,000 per month. The defendant did not have any intention or ability to pay the deposit even if he borrowed the money from the victim, such as the senior mortgage was established on the land of Sejong Chang-gun, Gangwon-gu

On February 13, 2014, the Defendant received a false statement from the victim, and acquired 40,000 won from the victim to the national bank account in G name designated by the Defendant, and 50,000 won in total to the one bank account in the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A contract for lease on a deposit basis, two copies of a document for borrowing money, details of passbook transaction, and full certificate of registered matters;

1. Previous records of judgment: Application of criminal records, reply reports (A) and Acts and subordinate statutes to investigation reports;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Reasons for sentencing in the latter part of Article 37 and the first sentence of Article 39(1) of the Criminal Code dealing with concurrent crimes (the latter part of Article 37 concurrent crimes is not applied, and the sentencing criteria are not applied).

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