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(영문) 수원지방법원 성남지원 2017.07.18 2016고단3857
사기
Text

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

The defendant in Gwangju City around November 16, 2015 operated by the defendant in Gwangju City around 23:06.

E In the amusement room, the victim C has money to issue 35 million won to the building owner of studal harassment, so it is used for 1 year first and 30% of the operating profit in return for the loan.

The profit amount of KRW 10 million shall accrue for a month due to the operation of studio harassment.

The phrase “ makes a false statement.”

However, the Defendant, at the time, was unable to pay the monthly rent of a building, and the Defendant was liable for a total of KRW 40 million, including the overdue rent of KRW 17 million, and there was almost no income from the operation of the room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room for not paying the monthly rent of the building.

As such, the Defendant, by deceiving the victim, received total of KRW 35 million from the victim to the Agricultural Cooperative Account under the name of the Defendant on November 16, 2015, KRW 19 million, KRW 100,000,000 on November 18, 2015, and KRW 15 million on November 20, 2015.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Original copy of a process deed;

1. A detailed statement of deposit transactions;

1. Investigation reports (report on results of inquiry and analysis of credit information), and the application of Acts and subordinate statutes of credit reports;

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. Article 62 (1) of the Criminal Act on the Suspension of Execution ( normal consideration, such as the fact that the defendant commits a mistake, the fact that the defendant pays the amount of damage, the fact that the victim and the defendant have agreed smoothly with the victim, and the fact that the defendant has no record of punishment exceeding the fine);

1. Article 32 (1) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits to Dismiss Application for Compensation;

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