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(영문) 의정부지방법원 고양지원 2017.03.09 2016고단3552
사기등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On May 30, 2012, the Defendant entered into a lease agreement with the victim effective capital stock company and the assembly computer (including monitors) with respect to KRW 112,10,100,100, contract deposit amounting to KRW 45,200,00, contract deposit amounting to KRW 45,200,00, contract period from June 20, 2012 to June 20, 2015; the monthly lease amounting to KRW 2,203,644; the total number of payments amounting to KRW 36,39,31,840; on June 20, 2012, the Defendant installed a lease agreement on KRW 59, installed in B and C at the time of strike operated by the Defendant.

While the Defendant kept 59 computers for the victim, on March 2015, closed the said CPC room, the Defendant received 2.50,000 won per computer from the non-major shop in Yongsan Electronic Commercial Building, and sold it at his own discretion.

Accordingly, the defendant embezzled the victim's property.

2. On January 12, 2015, the Defendant would pay KRW 100,000 each day when he/she borrowed money from the said CPC room, and from the victim D who is a part-time employee, the Defendant borrowed money from the loan company specializing in women’s loaning to B. 1.0,000 won.

The phrase “the phrase was false.”

However, the Defendant had no intention or ability to pay interest or principal to the victim even if the Defendant received a loan from the victim and borrowed it, because it was difficult for the Defendant to operate the PC at the time, and the management of the PC was not good to the extent that it would have to close down the business on March 2015.

As above, the Defendant: (a) by deceiving the victim; (b) delivered KRW 2.9 million to the victim on January 12, 2015; and (c) deceiving the victim in the same manner; and (b) received KRW 2 million from the victim on February 3, 2015, by deceiving the victim; and (c) received KRW 2 million from the victim on February 3, 2015.

Accordingly, the defendant was delivered 4.9 million won by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Application of Acts and subordinate statutes, such as details of banking transactions and lease agreement documents;

1. Article 355 of the Criminal Act (the point of embezzlement) and Article 347 of the Criminal Act concerning criminal facts.

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