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(영문) 수원지방법원 안산지원 2018.11.21 2018고단2890
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant is a person who has operated the first floor of the building C located in Si interest, with the trade name “D”.

On May 25, 2017, the Defendant, in the above D on May 25, 2017, intends to pay the amount to the victim E after one month.

In addition, there was a deposit, and there was premium so that it is believed and delivered."

However, at the time of fact, the defendant bears the personal obligation equivalent to KRW 400 million, and the relationship between the unpaid monthly rent, management fee, etc. and the deposit that can be refunded does not remain, and even if he receives a delivery from the injured party, he/she did not have the intention or ability to settle the payment.

Nevertheless, the defendant deceiving the victim as above, and he received a total of 27,886,00 won throughout 18 times, such as the list of offenses, from the victim, and acquired it by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Statement of transactions;

1. Application of statutes, such as credit information data;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense. Article 347 (1) of the said Act

1. It is so decided as per Disposition by the assent of all participating Justices on the grounds that Article 62(1) of the Criminal Act (i.e., the Defendant did not have a criminal record, the crime of this case occurred in the course of commercial transactions, the amount of damage, the contact with the victim immediately after the crime of this case was committed, the notification of closure was made on August 8, 2017, and the victim did not agree with the victim, but paid two million won to the victim) or more.

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