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(영문) 서울서부지방법원 2020.04.17 2019고단4438
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant is a person who operated the main points of “D” in the name of wife C on the first floor of Gangnam-gu Seoul, Seoul from April 1, 2011 to September 22, 2011.

On September 1, 2011, if the defendant lends '30 million won to the vice president G from the victim-affiliated F office in Seoul Jung-gu, Seoul, to the vice president, he/she will be supplied with beverages and food materials from H. In addition, he/she will pay 1.5 million won each month in 20 months.

The term "the expression was false."

However, the Defendant, at the time of the opening of the above main shop, was liable for KRW 400 million and KRW 50 million that he borrowed from the J bank at the time of the above main shop business. Moreover, the above main shop business was poor and did not pay rent, management fee, etc. (per month 30 million). The employees’ wages were not paid properly, and thus, there was no intention or ability to pay them even if they borrowed money from the victim.

Nevertheless, the Defendant, by deceiving the victim as above, received 29 million won from the victim to the K Bank account in the name of wife C on September 5, 2011, and acquired it by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police protocol of statement against M and N;

1. Each investigation report (verification of suspect-related cases and reporting on the reception of statements by reference witnesses);

1. Application of each specification of transactions, account books, account details, written agreement for transactions, business registration certificate, and 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;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of recommendations according to the sentencing criteria (the determination of types) and the scope of recommendations [the types of fraudulent crimes] under the general fraud [the type 1] below the amount of 100 million won (the special person]: Reduction area of penalties (the scope of recommendations and recommendations), mitigation area of punishment [the scope of recommendations and recommendations], and one month through one year;

3. Determination of sentence, the nature of the crime in this case, such as the background, method, etc., is not easy;

However, the defendant.

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