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(영문) 부산지방법원 2016.01.13 2015고단5808
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, who worked as a manager at the entertainment station in the trade name of “D” and “E” operated by “D” and “E” in Busan Jin-gu, and the said entertainment station has been engaged in a transaction of receiving alcoholic beverages from “victim F” from around September 2012.

On November 2013, the Defendant stated to the effect that, in the above G office located in Busan High-gu, Busan High-gu, the Defendant returned one copy of the check of KRW 720 million to the victim on August 2013, 2013, which was delivered to the victim as a partial repayment of KRW 120 million.

However, the above check is a check lent by the defendant to the beneficiary and delivered to the victim, and if the defendant fails to pay the account payable for the liquor price at the above entertainment point, the defendant was thought to return the above check to the beneficiary and return it to the beneficiary, and even if the above check is returned from the victim, the defendant did not have the intention or ability to pay a new check.

The defendant deceivings the victim as above and was delivered one copy of the check of KRW 70 million from the seat to the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the law of the police statement protocol to F;

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

1. The reason for sentencing of Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of the recommended sentence] The mitigation (of less than KRW 100,000) [the person who is subject to special sentencing] [the sentence] punishment is not imposed (the decision of sentence] of the crime of this case, the crime of this case is that the defendant defrauded one copy of the check with the right of KRW 70,000,000 from the injured party as above, and the nature of the crime is not weak.

However, the fact that the defendant is against the defendant, the victim does not want the punishment of the defendant, and the age, sex, environment, motive and circumstances of the crime, and the crime are committed.

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