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(영문) 의정부지방법원 2015.10.20 2015고단885
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is a person who operates the "D Coina" on the first and second floors of the Gu Government-si C underground.

When operating the above friendship, the Defendant unpaid management expenses equivalent to KRW 420,070 from September 25, 2013 to June 25, 2014. On September 2013, 2013, the Defendant received KRW 25 million from E under the name of the shop in the private letter or marina, but it was difficult to repay the said premium due to the difficulties in friendship and operation, thereby having received money from the victim F.

Around March 19, 2014, the Defendant made a false statement to the above victim, stating that “The term of service at the shop in a private letter or a marina shop shall be determined as from March 19, 2014 to 24 months, and a contract for the use of facilities shall be concluded at KRW 25 million.”

However, the management fee was unpaid at the time of fact, and the victim did not have the intent or ability to rent the shop to operate the shop due to the difficulties of depression and operation.

Accordingly, the Defendant deceiving the above victim as above and demanded that the above victim pay KRW 25 million to E as a security deposit around March 19, 2014, and the Defendant exempted the obligation to return the premium to E, thereby acquiring pecuniary benefits equivalent to the same amount.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to F and E;

1. A statement of attachment and a written statement;

1. A contract for the use of accusation grounds and bathing facilities;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment to a judgment);

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspension of execution [the scope of recommending punishment] There is no basic area (6-100 million won or less) (6-100 million won or less) (6-1 year or more) (the decision of sentencing] (the decision of sentencing is sufficient in light of the fact that the defendant planned to commit the crime in this case, there is a need for a strict punishment of the defendant.

It has not been recovered from damage, and it has not been agreed with the victim.

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