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(영문) 수원지방법원 안산지원 2018.12.13 2018고단2354
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who operated the “C” beauty room in the building B at Silung-si in 2017.

In light of the Defendant’s financial status around August 2017, the Defendant did not have any special property, while, on November 28, 2016, the Defendant borrowed a total of KRW 97,390,000 from Industrial and Loan Co., Ltd. on a loan on a loan of KRW 11,00,00 from various financial institutions, and was in a bad credit condition after delayed payment of interest, so even if the Defendant was 20,000,000 won from the victim D, it was thought that it would be used for the purpose of repayment of existing obligation, and thus, there was no intention or ability to pay the monthly

On August 21, 2017, the Defendant is required to pay KRW 20,000,000 per month to the victim at the “F Real Estate Office” office where the victim works for the victim located in Si-si E, Si-si, and to pay KRW 3,00,000 per month when making an investment.

If profits are not paid twice in arrears, it is necessary to make sure that the right to operate the unclaimed center is rare.

There is a concern about the settlement of payments around the region.

“A false statement,” and its affiliation received KRW 20,000,000,000 from the injured party on August 21, 2017, and KRW 15,000,00 from September 25, 2017, respectively, to the new passbook (Account Number G) in the name of the Defendant.

Accordingly, the Defendant, as seen above, got a total of KRW 20,000 from the injured party by deceiving the victim.

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 on deposit transactions;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the suspension of execution (Confession, expression of intention not to punish victims, and endeavor to recover damage);

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