(영문) 서울동부지방법원 2014.09.24 2014고단798

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(영문) 서울동부지방법원 2014.09.24 2014고단798

사기

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A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 22, 2013, the Defendant made a false statement to the victim E that “A private teaching institute will pay KRW 20 million after one month from a private teaching institute repair cost.”

However, due to cumulative accumulation of the deficit in the operation of the above private teaching institute at the time, the unpaid rent of KRW 1.7 million due to the failure of the private teaching institute to pay the monthly rent of KRW 1.7 million and the unpaid rent of KRW 6-7 million was not paid, and the existing loan of KRW 70 million was not paid, so there was no intention or ability to pay the unpaid rent according to the promise even if it borrowed money from the victim.

As such, the Defendant, by deceiving the victim, received 20 million won from the victim as the borrowed money on the same day and acquired it by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Complaints of E preparation;

1. Details of deposits;

1. Application of the Kakao Stockholm Act

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Reasons for the sentencing of Article 62 (1) of the Criminal Act [the decision of type] for the sentencing of Article 62 (1) of the Act on the Suspension of Execution (the decision of type] In the case of a general fraud (the amount less than KRW 100 million): In the case of a commission of deceptive act intentionally, or the extent of a commission of deceptive act is weak: [the scope of the recommendation area and the range of the recommendations] mitigation area: one month to one year [the general person] mitigation area: there is no record of criminal punishment [the suspended execution area] - The main reasons for the suspension of execution - Unagreement - Major reasons for the commission of deceptive act: ① In a case where a commission of deceptive act intentionally or a commission of deceptive act is weak, ② in a case where the extent of actual damage is considerably small, there is no

참조조문

-형법 제62조 제1항

-형법 제347조 제1항

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