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(영문) 의정부지방법원 고양지원 2016.03.25 2016고단22
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

On October 16, 2014, the Defendant was sentenced to 8 months of imprisonment with prison labor and 2 years of suspended execution as a crime of fraud in the Goyang Branch of the District Court, and the judgment became final and conclusive on November 13, 2014.

On May 20, 2013, the Defendant received a loan from the “D” restaurant operated by the Defendant in Goyang-si, Goyang-si, to the victim E in order to pay the amount of KRW 10 million with the cost of house repair. If the Defendant borrowed money, he/she would receive the loan from the liquor company that trades the money.

The phrase “ makes a false statement.”

However, the defendant did not have fixed income because of the difficulties in the operation of the restaurant at the time, and was appropriated for operating expenses and living expenses of the restaurant due to credit card loans, etc., so even if he borrowed money from the injured party, he did not have the intention or ability to change it within one month.

As above, the Defendant: (a) by deceiving the victim; (b) received 10 million won from the victim’s seat to the national bank account in the name of the Defendant; (c) and (d) received the money from the victim to the Defendant’s bank account; and (d) received the money from the victim to October 22, 2013, totaling KRW 30 million through three times, such as the list of crimes in the attached Table, from October 22, 2013.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. A complaint, a detailed statement of bank transactions, a investigation report (Attachment to a detailed statement of transaction in the victim's name), details of transactions in advance, and a report on investigation (verification of transaction details);

1. Application of replys to inquiries, such as criminal history, report on investigation (the previous decision, confirmation date, and confirmation date) Acts and subordinate statutes;

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

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing of Article 62-2 of the Social Service Order Criminal Act is that corresponding punishment is needed in light of the means and result of the instant deception and the scale of the fraud.

There can not be peeped in half color.

The victim is the defendant.

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