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(영문) 대전지방법원 천안지원 2018.01.25 2017고단1671
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

[criminal records] On June 3, 2010, the Defendant was sentenced to a two-year suspended sentence of imprisonment for a crime of fraud in the Daejeon District Court's Incheon Branch Branch of the Daejeon District Court for the purpose of fraud. On December 22, 2016, the same court was sentenced to a two-year suspended sentence of imprisonment for a one-year period of fraud, and the said judgment became final and conclusive on December 30, 2016.

[2] On April 8, 2016, the Defendant would pay KRW 60,120,000 to the victim F who was introduced through the branch in the coffee shop in which the trade name of the D branch located in Seo-gu, Seo-gu, Seo-gu, Seocheon-gu, Seocheon-si, the Defendant could not know about about April 8, 2016. The Defendant would pay KRW 60,000 to the victim F by lending KRW 60,000 to the second interest until April 30, 2016.

B. It is the representative director operating the promotional company of "G" and the money to be received for delivery.

‘False speech' was made.

However, the Defendant was an employee of G company at the time and was not a representative director, and there was no supply contract, and on September 29, 2015, the Defendant was charged with committing fraud with H around KRW 13.32 million and was tried on February 29, 2016 at the Daejeon District Court Incheon District Court’s Incheon Branch. Around February 18, 2016, the Defendant was also liable for 113 million and 60 million won from I borrowed money from the victim for the purpose of full payment of the said E’s debt. Thus, even if he borrowed money from the victim, there was no intention or ability to complete payment.

Nevertheless, the Defendant was issued 60 million won a check on the same job by making a false statement as above to the injured party.

Summary of Evidence

1. Legal statement of witness F;

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

1. Statement made by the police with regard to F;

1. Complaint;

1. Previous convictions: Application of an inquiry letter, such as criminal history, and an investigation report (Attachment report to the same criminal records as the criminal suspect's 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. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The defendant for the reason of sentencing under Article 62(1) of the Criminal Act is the same crime, etc.

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