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(영문) 수원지방법원 2018.10.25 2018고단3493
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[Criminal record] On July 14, 2015, the Defendant was sentenced to a suspended sentence of two years on the six months of imprisonment for fraud, etc. in the original state branch of the Chuncheon District Court, and the said judgment became final and conclusive on October 22, 2015.

[Criminal facts] The Defendant, in the mutual influenite house located near the school street in Gangnam-gu Seoul, Gangnam-gu, Seoul, on April 2014, at the time of the accident, was the victim B who was a workplace club in the workplace, and the business fund is insufficient to support the business fund.

The interest and principal shall be paid in accordance with the profit accrued from the loan of business funds.

“The phrase “ was false.”

However, the fact did not run the medium-sized trading business at the time, even if the injured party borrows money from the injured party, it was intended to use it to repay the Defendant's debt rather than the business fund, and even if the injured party borrows money from the injured party without any specific property, it did not have any intention or ability to repay it.

As above, the Defendant: (a) by deceiving the victim; and (b) transferred the sum of KRW 96 million, including KRW 40 million on May 29, 2014; (c) KRW 40 million on June 5, 2014; (d) KRW 14 million on July 1, 2014; and (d) KRW 2 million on July 4, 2014, to an enterprise bank account in the name of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. B accusation;

1. Investigation report (to be accompanied by a letter of transfer by the fraud of other government agencies);

1. To notify the principal of data on his/her financial transactions and current financial transactions;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, each investigation report (the confirmation of the same criminal history as the suspect and the report attached to the judgment, and the confirmation date of the judgment);

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

1. The latter part of Article 37 of the Criminal Act: the reason for sentencing of Article 39(1) [the scope of recommendation] under Article 39(1) [the scope of recommendation] and the basic area (from June to one year and six months) (the special sentencing factors) (the range from June to one year) and the scope of comparison of recommended sentences:

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