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(영문) 창원지방법원통영지원 2020.10.08 2020고단659
사기
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 10, 2019, the Defendant made a false statement to the effect that “The Defendant would pay the purchase fund of the Vietnam-style cruise vehicle for 60 months in installments every month, if he/she borrowed the purchase fund of the Vietnam-style cruise vehicle,” to the employees in the name failure of the Plaintiff FF company, who purchased the Vietnam-style cruise vehicle through E.

However, even if the Defendant received a loan from the victim company and borrowed money as security, the Defendant merely thought that the money would be used for gambling funds, living expenses, and repayment of debts, etc., and the future revenue was uncertain because it was no day-to-day as a worker, and there was no intention or ability to repay the loan at the time because there was no economic difficulty, such as there was a debt amounting to approximately KRW 50 million.

After all, the Defendant, as above, induced the victim as above, and acquired 27 million won from the victim company as the fund for the purchase of the Vietnam-style cruise car on August 10, 2019.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's statement statement;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. Reduction elements of less than KRW 100,00 (special-purposes) (type 1) of fraud according to the sentencing guidelines: In cases where a person intentionally commits a deceptive act in an incomplete manner or the degree of deception is weak (the recommended field and the scope of recommendations), reduction area, and one month to one year;

3. Determination of sentence: The sentence shall be determined within the scope of the sentencing criteria, considering all circumstances, including four months of imprisonment, the developments leading to the crime of this case for one year of suspended sentence, the extent of damage resulting therefrom, the previous criminal punishment records of the accused, etc.;

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