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(영문) 청주지방법원 2021.01.21 2020고정789
사기
Text

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

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

Reasons

Punishment of the crime

On February 27, 2012, the Defendant is obliged to move the office to the victim D within the “C Legal Office” of the fourth floor of the 4th floor of the Dong Government-si B building.

Because of the office lease contract, the down payment is short of 4 million won, and there is a difference in lending money. 3 days later, the land purchase price is paid, and it is false that it will be repaid three days later.

However, in fact, the defendant did not think that he would use the monthly wage of employees who borrowed money from the damaged party, but did not think that he would use it as the contract deposit for the office rent as stated in the victim, and there was no intention or ability to repay the money borrowed from the damaged party three days in bad credit conditions, such as the lending company bears the obligation equivalent to 300 million won to the lending company, and partial repayment of the loan is overdue.

As such, on February 27, 2012, the Defendant, by deceiving the victim, received 4 million won from the victim to the E bank account (F) in the name of the Defendant, from the victim, under the name of the E bank account (F).

Summary of Evidence

1. Partial statement of the defendant;

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

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to file a complaint and an investigation report on accompanying documents (related to the confirmation and attachment of account details), an investigation report (interpellation of credit information by a suspect), and an investigation report (in this case, confirmation of existence of overdue wages at the

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 62 (1) of the Criminal Act on the suspended execution;

1. The punishment shall be imposed in consideration of the fact that the reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act (in the event that the sentence of suspension of execution is invalidated or revoked) has been smoothly agreed with the victim among the attempts of this trial, etc.

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