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(영문) 수원지방법원 성남지원 2019.01.24 2018고단2034
사기
Text

Defendant

B A person 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

On November 24, 2017, Defendant 2017, the crime history room (2018 Godan2793 Defendant B) stated that “In a coffee shop where it is impossible to know the trade name near the Seoul Station located in Jung-gu, Seoul, the victim D has 2.5 billion won. If the performance guarantee amount to KRW 50 million is paid to E, the victim would make a balance certificate by depositing ten billion won in the passbook for 200 million won.”

However, it is true that the bond company with the knowledge of the defendant does not lend 10 billion won to the bond company for 50 million won for 20 days, and even if it receives money from the victim as the name of the performance bond, there was no intention or ability to make a balance certificate by depositing 10 billion won in the passbook.

The Defendant, by deceiving the victim as above, obtained a cashier’s checks (G) issued by the F organization as part of performance guarantee money from the victim, and fraudulently acquired them.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of implementation agreements and check copies Acts and subordinate statutes;

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

1. Article 62 (1) of the Criminal Act ( considered favorable circumstances among the reasons for sentencing following the suspended sentence);

1. Reasons for sentencing under Article 62-2 of the Probation Criminal Act [the scope of recommending punishment] General Fraud (less than KRW 100,000) and mitigation area (one to one year) [the decision of sentencing] (the decision of sentencing] in light of the contents of the instant crime, the same kind of power of the accused and the contents of the past crime, etc., the responsibility for the crime is not absolute

However, the damage is not very serious, and the defendant submitted a letter of withdrawal of complaint to the court after the prosecution by agreement with the victim, and the defendant is contrary to the recognition of the mistake.

In addition, all the conditions of sentencing prescribed in Article 51 of the Criminal Code shall be integrated and determined as ordered.

The non-guilty part 2018 Highest 2034.

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