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(영문) 제주지방법원 2019.02.01 2016고단1300
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

(e).

Reasons

Punishment of the crime

Around June 1, 2009, the Defendant made a false statement to the effect that “Around June 5, 2010, the Defendant would lend a farm business fund to the victim C” to the Defendant’s office located in the Cheongyang-gu, China, Cheongyang-gu, China.

However, at the time of fact, the Defendant’s farm operated by the Defendant had almost no operating profit, excluding personnel expenses, and there was no other special property for the Defendant. Therefore, there was no intention or ability to repay the amount borrowed from the victim according to the agreement or distribute profits.

Around that time, the Defendant, by deceiving the victim, obtained a 400,000 Chinese People's Republic of China's Republic of China's Republic of Korea ( approximately KRW 72,00,000,000) from the victim.

Summary of Evidence

"2016 Highest 2703"

1. C’s legal statement;

1. Application of Acts and subordinate statutes governing cash custody certificate;

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

1. The reasons for sentencing under Article 62(1) of the Criminal Act shall be determined as the same in light of the following circumstances; and

The disadvantageous circumstances: The amount of damage is a large amount, and the damage is not recovered even after nine years or more have passed since the crime: The victim C also received interest on the extent of 50,000 Chinese currency from the defendant in cash, and received 100 boxes as a substitute payment; there are some circumstances to take into account the circumstances of the crime; and there are no other records of criminal punishment in addition to the punishment of a fine once due to the crime committed against the defendant; other circumstances after the crime, the defendant's age, family relationship, and the part of innocence.

1. The Defendant, “2016 Highest 1300,” in the facts charged, is a person who runs a farming house with a Chinese Cheongdo from February 2005 to around February 2005.

Victim D is a person who is a restaurant in the Chinese Cheongdo and is aware of the defendant and the victim.

On March 22, 2011, the Defendant is in the Cheongyang-gu, Chungcheongnam-gu, China.

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