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(영문) 창원지방법원 2017.06.02 2017고단616
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On November 13, 2014, the Defendant made a false statement to the victim E at the D cafeteria operated by the Defendant in the Changwon-si, the Changwon-si, Seoul Special Metropolitan City of November 13, 2014, stating that “The Defendant would pay the victim money for six months.”

However, in fact, the restaurant operated by the defendant continued by the enemy, and the defendant was responsible for personal debts from F, G, H, etc., and even if he borrowed money from the injured party, he did not have the intention or ability to repay it normally.

Nevertheless, the Defendant received KRW 129,542,00,000 from the injured party under the name of the Defendant for the same day as the borrowed money from the injured party, from that time to August 2, 2016, including the transfer of KRW 10,00,00 in total from that time to August 2, 2016.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect against the defendant (including a substitute part of examination);

1. Statement made by the police for E;

1. Account transactions;

1. Application of Acts and subordinate statutes to a credit information inquiry report and results thereof;

1. The relevant Article of the Criminal Act and Article 347(1) of the Criminal Act ( comprehensively including, but not limited to, the choice of imprisonment) on the grounds of sentencing;

1. The basic area (one year to four years) of the sentencing criteria [the scope of the recommended punishment] the general fraud (the amount shall be not less than 100 million won, and the amount shall be less than 500 million won) [the person who has no special sentencing seal]; and

2. The Defendant, who was sentenced to criminal punishment, is guilty of committing a crime, and is against the wrongness.

As a result, it is impossible for a restaurant business operator to meet his/her obligations for the operation and nursing of the restaurant business due to a poor operation of the restaurant, the case reaches this case, and it is not deemed that he/she committed a planned crime to gain unjust profits from

It is only one time of fine for a long time for other crimes, and there is no criminal record of the same kind of crime or of the suspension of execution.

A person with severe disabilities of class 1 with disabilities due to Teinson's disease, etc.

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