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(영문) 수원지방법원 안산지원 2019.02.19 2018고단3846
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The defendant is a person who has operated clothes.

According to the defendant's financial status in 2017, the total amount of debts of KRW 13,254,00 for B corporation with bad credit standing, including KRW 48,97,00,00 for total debts of KRW 48,97,00,00 for the above clothes, and there was no amount of KRW 5,000,000 for monthly income.

On June 30, 2017, the Defendant: (a) in a restaurant operated by Ansan-si C Victim D on June 30, 2017, the Defendant had the Defendant receive KRW 10,000,000 from the time limit money; and (b) thereafter, the Defendant was able to normally pay KRW 3,00,000 or more per month as the time limit money; (c) even if the Defendant did not have the ability to pay KRW 3,00,000 per month, even if he did not receive the credit money from the victim, even though he did not have the intent or ability to pay the time limit money from the victim, “The Defendant would pay KRW 1,00,000 won per month, without any framework as of April 30, 2018; and (d) from that time, he received KRW 3,000,000 from the victim a total of KRW 1,50,000 from the EF1 on July 30, 2017.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to the complainants on the statement of transactions from entering and leaving D;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. When comprehensively taking account of the following facts: (a) the Defendant, for the reasons of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders, deceiving the victim to acquire a considerable amount of money by deceiving the victim; and (b) the Defendant did not receive a letter from the victim until now; and (c) had the record of being punished as well as suspended execution

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