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(영문) 서울동부지방법원 2017.12.14 2017고단2347
사기
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The defendant around February 4, 2014, in the "E cafeteria" of the victim D's operation in Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do, the defendant paid the victim the amount of the victim's "(E cafeteria)", and if the victim's "(E cafeteria), she caused the victim's loan to the neighboring wife, it will pay the victim's price every month.

“A false representation was made.”

However, in fact, the defendant has a financial obligation equivalent to KRW 80,000,000 in terms of credit in which there is no certain income, and the defendant has been engaged in new construction of loan with money from the beneficiary, and there is no intention or ability to pay the money even if he has received meals from the victim.

On February 14, 2014, from the end of December 2014 to the end of December 2014, the Defendant was provided with human meals equivalent to KRW 28,805,00, and acquired pecuniary benefits equivalent to the same amount of money, and received property or acquired pecuniary benefits equivalent to KRW 34,805,000 in total on three occasions, such as the list of crimes in attached Form.

Accordingly, the defendant acquired property benefits by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Statement made by the police against D;

1. Investigation report (person G telephone conversations with him);

1. Application of Acts and subordinate statutes to food substitute details, loan certificates, certification of details, and copies of food expense books;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Act on the Suspension of Execution (Article 62 (1) of the Act on the Suspension of Execution)

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