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(영문) 의정부지방법원 고양지원 2019.01.23 2018고단3150
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

피고인은 2013. 1. 7. 14:00경 일본 됴쿄 신주쿠구 B에 있는 피해자 C의 사무실에서, “내가 일본 신주쿠에서 식당을 운영하는데 사업자금이 부족하니 200만 엔을 빌려주면 2달 후에 원금과 이자 6%를 주겠다.”라는 취지로 거짓말을 하였다.

However, the Defendant’s “D restaurant”, “E restaurant”, and “Internet Clothing shopping mall business, which was operated at the time, was in the state of being 200 to 3 million in total in one month due to the lack of business conditions. Since around 3 months, the Defendant’s failure to pay monthly rent and personnel expenses for the above restaurant buildings, which led to the delay in payment of the monthly rent of 90,000,000,000,000,000,000,0000,0000,0000,0000,0000,0000,0000,0000,000,0000,000,000,0000,000,000,000,000,000,000,000,000

Nevertheless, the Defendant, as seen above, by deceiving the victim, received a cash of 2 million U.S. from the victim, i.e., the delivery of KRW 2,378,00 from the victim.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A complaint;

1. Application of Acts and subordinate statutes to each investigation report (related to the complainant, confirmation of the amount of damage, and conversion into the limited amount of damage);

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] General Fraud (less than KRW 100 million) is mitigated (one month to one year) (special mitigation) or where considerable damage has been recovered (decision of sentence] damage amount, the amount of damage is approximately KRW 2,378,00,000 due to Koreanation, and the victim is agreed with the victim.

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