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(영문) 서울남부지방법원 2017.08.31 2016고단4201
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 21, 2015, the Defendant supplied the victim D through the University Dong C, a university established on August 21, 2015, “A chip is supplied to a well-known horse, such as a lot store, with the revenue and expenditure of the chip from the revenue and expenditure. However, as the revenue cost falls short of, the Defendant borrowed funds, and pays the principal and profits by the end of September 2015, and will transfer the sales license of the department store, etc.

“A false statement” was made.

However, at the time, the Defendant only purchased and sold chips in small quantities from domestic distribution business operators, and imported chips, and did not supply them to the prestigious chips such as department stores. Even if borrowed money from the injured party, the Defendant did not have the intent or ability to pay the personal debt, living expenses, etc., and did not have any authority over the car chips in the department store store store store store store store store store store store store store store store store store store store store store store store store store store store store store store store store store store store store store store store store store store store store store store

Nevertheless, the Defendant: (a) by deceiving the victim; (b) delivered KRW 20 million as a loan from the victim on August 25, 2015; and (c) around September 4, 2015, issued KRW 10 million to the same account as the department store name.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to investigation reports (e-mail investigation by witnesses);

1. Article 347 (1) of the Criminal Code of the relevant criminal facts; Article 347 (1) of the Criminal Code of the Criminal Procedure for the sentencing of the sentence of imprisonment [the scope of the recommended sentence] The grounds for the sentencing of the sentence of imprisonment [the scope of recommendation] General Fraud (from June to January 1), there is no person in charge of special sentencing] [the decision of sentencing] [the decision of sentencing] although the amount of damage in this case is not a large amount of damage in June], there are unfavorable circumstances such as the defendant's confession and contradiction, the fact that the defendant is not guilty, the fact that there is no criminal record for the same kind of crime, and the fact that there are no favorable circumstances such as the fact that

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