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(영문) 창원지방법원 2015.07.01 2014고단3526
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 11, 2014, the Defendant was sentenced to imprisonment with prison labor for a crime of fraud at the Seoul Central District Court, which became final and conclusive on the 19th day of the same month.

On September 13, 2013, the Defendant plans to operate the age clubs of the “E hotel” in the “D” office operated by the victim of the 5th floor of the Songpa-gu Seoul building on September 13, 2013 at the “D” office located in Songpa-gu Seoul Metropolitan Government, with the monthly deposit of KRW 3 million in KRW 500 million.

The State will have a 1.466 billion won (including additional dues) on the above age club to construct a 1.466 billion won (including the above age club) on its face.

The phrase “assumed.”

However, as the Defendant did not have any property to establish the above age club as a person with bad credit standing, even if he received the above money from the victim, he did not have the intent or ability to construct the above age club.

Nevertheless, the Defendant made a false statement as above, and then transferred the amount of KRW 20 million from the victim to the Defendant’s bank account (F) on September 16, 2013, and acquired the money by transfer of KRW 10 million on September 27, 2013 to the said account.

Summary of Evidence

1. Legal statement of witness G;

1. Entry of each part of the police officer and suspect examination protocol of the accused in the prosecution;

1. Court rulings;

1. A contract document or a remittance certificate;

1. Previous records: Application of Acts and subordinate statutes concerning criminal records, written judgments, and references to case agreements and outputs;

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

1. The reason for sentencing under the latter part of Articles 37 and 39(1) of the Criminal Act dealing with concurrent crimes [the scope of recommending punishment] is that there is no basic area (6 to 100 million won) (6 to 106 months) of the basic area (6 to 100 million won) (the decision of sentencing] [the decision of sentencing] is an unfavorable condition.

However, it shall be considered in favor of the fact that the principle of equity should be considered in the case of a judgment at the same time as the judgment has become final and conclusive, and it shall take into account all the sentencing conditions, including the defendant's age and environment.

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