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(영문) 창원지방법원 통영지원 2018.07.19 2018고단66
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

The defendant is a non-exclusive person with B's trade name, and the victim C is a person who operates a hold house located in D at the time of a show, and the defendant was aware of his visit to the above restaurant while visiting the restaurant as a customer.

On June 28, 2010, the Defendant: (a) around June 28, 2010, at a window operated by the above victim, there is a place where the victim has to pay other money; and (b) there is a large amount of money to pay the money.

It is necessary to pay the loan to the party with the outstanding amount of the loan.

The phrase “ makes a false statement.”

However, the Defendant did not have any special property at the time, but rather did not have any obligation exceeding KRW 100 million, and even if he borrowed money from the injured party, he did not have any intention or ability to repay it.

Accordingly, the Defendant: (a) by deceiving the victim as above and received KRW 3 million from the victim on June 28, 2010; and (b) from around that time to May 24, 2016, issued KRW 130,260,000 as a total of KRW 123 times as indicated in the List of Offenses.

Summary of Evidence

1. Among the first public trial protocol, the Defendant’s statement that “the extent of KRW 40 million to KRW 50 million was acquired by deception” was written in the first public trial protocol

1. The legal statement of the witness C;

1. Statement made by the police for E;

1. Complaint;

1. Each certificate of borrowing, fact confirmation, certificate of borrowing, letter of payment, each letter, record, record, account transaction;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 347 of the Criminal Act and Article 347 of the Criminal Act (1) and the choice of punishment for the crime;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. The range of sentence according to the sentencing guidelines of the Supreme Court [the scope of the recommended sentence] general frauds of Type 2 (the amount of not less than KRW 100 million, the amount of less than KRW 500 million): The basic area ( August through 4): No increase in one step by type (the person subject to special sentencing) as a result of combined crimes of the same kind;

2. Determination of sentence;

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