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(영문) 서울동부지방법원 2019.10.21 2018고단3532
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

Around January 15, 2018, the Defendant: (a) at the “C pharmacy” of the Defendant’s operation of Songpa-gu Seoul Songpa-gu, Seoul; (b) at the time, the Defendant was in excess of the debt amount of KRW 3 billion; (c) the pharmacy did not have any profit; and (d) the pharmacy did not have any other property; and (b) even if using a credit card, the Defendant did not have any intent or ability to pay the card price; (c) however, the Defendant paid KRW 20,000,000 as the purchase price for the drug using the D

2. By the end of 27.27. A total of 216,116,244 won was acquired through the use of E credit card as shown in the separate list of crimes, by failing to pay the price.

Summary of Evidence

1. Legal statement of witness F;

1. Examination protocol of the accused by prosecution;

1. A copy of each police statement made to G and H;

1. Details of deposits by automatic transfer, details of account transactions, and application of Acts and subordinate statutes governing credit information history;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

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

2. The scope of the recommended punishment according to the sentencing guidelines [decision of types]. The general fraud [type 2], the amount of more than 100 million won, the amount of less than 500 million won (special person) - Reduction element: Reduction element [the scope of recommendation field and recommendation range] mitigation area, reduction area, imprisonment with labor for up to 10 months to 2 months [the general person]] [the grounds for suspension of execution] - Major pride grounds: Non-members of punishment - General pride grounds: There are no criminal records of more than a suspended sentence.

3. Determination of sentence: Ten months of imprisonment and two years of suspended sentence;

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