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(영문) 수원지방법원 평택지원 2019.10.18 2018고단1767
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

Punishment of the crime

(State) The Defendant is the representative director of B, who was in a transaction with C from 2011 with the victim D who operated C.

Around October 11, 2013, the Defendant made a false statement to the victim in the C office operated by the victim in Suwon-si, Suwon-si, stating that “The victim shall be repaid within one month from the loan of KRW 30 million.”

However, in fact, the Defendant did not have the ability to repay the borrowed money to the victim within the due date, because the business operated by the Defendant was difficult, and the Bank and the Loan & Loan & Loan are liable to pay more than KRW 100

The Defendant, by deceiving the victim as above, received 30 million won from the victim to the corporate bank account (F) in the name of the Defendant on the same day.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes of credit information inquiry;

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. On the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act, comprehensively taking account of the following factors of sentencing as well as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and other factors of sentencing as indicated in the records of the instant case, such as the circumstances after the crime, the sentence as ordered shall be determined

The factors of sentencing favorable to the defendant: The fact that the defendant acknowledges his mistake, the defendant repaid a total of 4.4 million won to the victim, the defendant expressed his intention to continue to repay in the future, and the victim also wishes to give the defendant an opportunity to repay within the society: The amount of the crime of fraud and the amount of the non-payment of the crime of fraud in this case are not substantial, and the defendant has a previous

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