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(영문) 수원지방법원 2017.09.14 2017고단3365
사기
Text

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

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

Reasons

Punishment of the crime

[Criminal record] On January 13, 2017, the Defendant was sentenced to one year of imprisonment for a crime of fraud at the Suwon Giwon, and the judgment became final and conclusive on February 20, 2017.

[Criminal facts] On August 10, 2015, the Defendant would pay money to the victim at the victim E’s house located in Chungcheongnam-gun, Chungcheongnam-gun, with no basis within one week from the lending of money to the victim.

The phrase “ makes a false statement.”

However, the fact was that the Defendant had been in a chronic state, and the Defendant was unable to pay wages to the employees, and the card payment business that the Defendant had been operating in the form of a "return prevention" was in fact no profit-making. However, even if there was no fixed profit due to the lack of fixed profit in excess of the obligation, there was no intention or ability to pay the money within the draft.

As above, the Defendant was issued KRW 150,000,000 from October 30, 2015 to the victim on August 10, 2015, as well as to receive the remittance of KRW 80,000 from the victim twice as the borrowed money, from the victim, on two occasions, as indicated in the list of crimes in the attached Form.

Summary of Evidence

1. Statement by the defendant in court;

1. The prosecutor's office against the defendant, the prosecutor's office against E in the police interrogation protocol of the suspect interrogation protocol of the E in the police's statement protocol of the suspect interrogation protocol of the defendant, and each investigative report (to hear and report the complainant's statement E, to be attached to a summary order) in the police's statement E in the statement protocol of the police's statement, loan certificate, fair deed, statement of transaction by account, copy

1. Previous convictions in judgment: Application of Acts and subordinate statutes to inquire into criminal history and report on investigation (report attached to the judgment and report on confirmation of the date of confirmation);

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

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 62(1) of the Criminal Act provides that a suspended sentence shall be imposed on the defendant for the following reasons.

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