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(영문) 서울서부지방법원 2020.03.25 2019고단1948
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

From February 2, 2017 to March 2017, the Defendant stated that “C” stores operated by the Defendant on Seodaemun-gu Seoul, Seodaemun-gu B, and 1st floor used by the Defendant “C,” to the victim D, “E rest, and E rest area is difficult to store store occupants. However, as each type is well aware of the upper person related to rest area, sales may be carried out.” Investment in half of the investment amount, the Defendant said that “The business is defective.”

However, in fact, E resting places located in Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do were under operation by entering into a direct contract with the F Korean head office from April 3, 2017 to enter into a contract with the F Korean head office. Even if the Defendant received the money from the victim, he was merely intended to use it for personal debt repayment, etc., and there was no intention or ability to rent the F Store at the E resting place as above.

On April 4, 2017, the Defendant: (a) by deceiving the victim as above; (b) obtained 5 million won from the bank account (I) in the name of the Defendant under the name of the victim; (c) around April 5, 2017, KRW 10 million; and (d) obtained 6.15 million around April 24, 2017; and (c) obtained 2,1150,000 won in total from the victim.

Summary of Evidence

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Statement made to D by the police;

1. Statement of transactions;

1. Application of Acts and subordinate statutes to each investigation report (the currency of the persons concerned of the F Company, all types of JJ currency of the suspect A, and those of rest stops of H Company E);

1. Grounds for sentencing under Article 347 (1) of the Criminal Act with respect to the facts constituting an offense;

1. The scope of recommendations according to the sentencing guidelines [decision of types] and the scope of fraudulent crimes [type 1] and there is no person who is less than KRW 100 million [the scope of recommendations and recommendations] (the scope of recommendations] and the basic area of recommendations, six months of imprisonment, and one year and six months;

2. The sentence shall be determined as ordered in full view of all the conditions of sentencing, including the circumstances before and after the commission of the sentence, the amount of fraud and the age, character and conduct, environment and criminal records of the accused;

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