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(영문) 의정부지방법원 2018.09.05 2018고단2774
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 15, 2013, the Defendant committed the crime of May 15, 2013: (a) at the C cafeteria operated by the Defendant in Gyeonggi-si B around 14:00 on May 15, 2013; and (b) at the C cafeteria operated by the Defendant, the victim D loaned KRW 5,00,000,000,000,000,000,000 won, including the personnel expenses for employees, to pay interest to the victim by June 16, 20

A false statement was made.

However, the defendant had no intention to pay interest and principal as a result of a divorce lawsuit against the defendant's birth.

Nevertheless, the Defendant received five million won from the injured party under the pretext of borrowing money from the injured party.

2. On September 15, 2013, the Defendant committed the crime of September 15, 2013, at around 14:00 around September 15, 2013, the Defendant paid interest at 2% on the loan of KRW 5 million as the funds for operating a restaurant, including personnel expenses for employees, are required, and repaid by May 19, 2014.

A false statement was made.

However, the defendant had no intention to pay interest and principal as a result of a divorce lawsuit against the defendant's birth.

Nevertheless, the Defendant received five million won from the injured party under the pretext of borrowing money from the injured party.

Accordingly, the Defendant was given a total of KRW 10 million from the victim by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to each copy of a loan;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the choice of punishment (in comprehensive, the choice of imprisonment);

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

1. Reasons for sentencing under Article 62-2 of the Criminal Code of the Social Service Order (the scope of recommended punishment according to the sentencing guidelines of the Supreme Court / [the scope of recommended punishment according to the sentencing guidelines of the Supreme Court ] types 1 (less than KRW 100 million) of the basic area (from June to January 6) / [determination of sentence] Defendant has been punished several times for the same crime even before.

The amount of damage to KRW 10 million shall be the aged interest.

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