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(영문) 서울서부지방법원 2018.09.19 2018고단2151
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 20, 2015, the Defendant made a false statement to the effect that “The Defendant was ordered to supply ice ice ices every 100 parts per month to the victim C before the Seoul Yeongdeungpo-gu Seoul Metropolitan Government’s neighboring convenience stores, and first, it is possible to produce ice ices that should be purchased, and thus, would be repaid without a mold, if the purchase cost of parts is lent.”

However, the defendant did not have any particular property or income, and even if he borrowed money from the injured party, he did not have any intention or ability to repay it. The defendant did not pay national taxes equivalent to KRW 70 million and did not pay the factory rent, etc. of KRW 9 million.

The Defendant, as such, by deceiving the victim, received KRW 20 million from the damaged party as the borrowed money around July 23, 2015.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each police statement made with respect to C and D;

1. Investigation report (to hear statements from the E operator by telephone);

1. Application of each loan certificate, remittance receipt, and credit information history Acts and subordinate statutes;

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

1. In light of the fact that the crime is not good, the damage amount is not entirely repaid, and the amount of damage, etc., the punishment shall be sentenced to a severe punishment, even though the person was unable to repay due to the failure to pay national taxes due to the reason for the sentencing of the alternative sentence of imprisonment, etc.

However, the sentence shall be determined as ordered in consideration of the fact that there is no history of punishment exceeding a fine, and the sentencing conditions shown in the records, such as the age, sex, and environment of the defendant.

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