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(영문) 의정부지방법원 고양지원 2017.05.31 2017고단536
사기
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

From January 19, 2016 to January 19, 2017, the Defendant operated a Chinese restaurant in the name of "Da" in the name of "Da, Seosan-si, Seoyang-si, Seoyang-si, c and 210.

On December 2, 2016, the Defendant shows the data on the sales of credit cards of the above restaurant to the victim F in the Dong-gu C and E located on the first floor in Yongsan-gu, Yongsan-gu, Busan-si, and the first floor, and the sales of credit cards of the above restaurant KRW 50 million on August 2016, KRW 55 million on September 2016, KRW 61 million on October 2016, KRW 63 million on November 2016, KRW 63 million on December 2016, and KRW 72 million on December 2016.

The restaurant will be transferred when paying 60 million won for premium and 4 million won for material costs.

“The phrase “ was false.”

However, the facts are as follows: (a) the suspect, upon request from G engaged in the business of managing the size of the body of credit cards, fabricated credit card sales data for the above period; (b) about 14 million won in August 2016; (c) about 11 million won in September 2016; (d) about 12 million won in October 2016; (e) about 15 million won in November 2016; and (e) about 22 million won in December 2016.

Nevertheless, on December 30, 2016, the Defendant: (a) by deceiving the victim as above; (b) received KRW 6,000,000 from the national bank account in the name of the Defendant; and (c) KRW 58,00,000,000 in total from the same account on January 16, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Statement protocol and accompanying materials of the police involved in G;

1. Application of Acts and subordinate statutes to a criminal report (absent to the submission of sales slips in August 2016 to December 2016)

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the grounds for sentencing being taken into account during the period of probation) [the scope of recommendations according to sentencing guidelines] types 1 (less than 100 million won) and the basic area (from June to June).

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