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(영문) 서울남부지방법원 2019.06.12 2018고단5535
사기
Text

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 March 25, 2016, the Defendant made a false statement to the victim D, who is a sales employee, in the “C” clothing store in the Gangnam-gu Seoul Metropolitan Government building B, to make a settlement instead of the clothing payment, at the time of the settlement, the Defendant would make a normal settlement.

However, the Defendant, from around 2013 to February 2016, was jointly and severally liable for a large amount of debt up to KRW 2.70,000,00 in order to obtain a loan from a business failure. In order to provide a loan, the Defendant purchased a large discount from a department store by means of a large volume of discount, and then sold it to the Internet carpets by means of resale, but the Defendant did not obtain profits therefrom. Ultimately, on November 24, 2017, at the time of filing an application for individual rehabilitation, the Defendant was liable for the debt amounting to KRW 370,00,000 at the time of filing an application for individual rehabilitation, but there was no intention or ability to normally pay the said amount even if the Defendant purchased the same kind of debt as above due to the lack of any property other than the income equivalent to KRW 2.6 million per month.

Nevertheless, as seen above, the Defendant, by deceiving the victim D and receiving 235,000 won at the market price from 2015 to 2017, was issued by the victims as stated in the list of crimes in attached Table 75,685,680 as stated in the list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Investigative reports (the contents of text messages), investigative reports (F attachment);

1. Application of Acts and subordinate statutes to the accusation, list of damaged goods, relevant data, and text details;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The suspended sentence is imposed Article 62(1) of the Criminal Act (hereinafter referred to as the following sentencing grounds).

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