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(영문) 의정부지방법원 고양지원 2018.01.11 2017고단3356
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

around January 2008, the Defendant was in charge of the so-called "C amusement establishments" located in Gangnam-gu Seoul Metropolitan Government to manage female entertainment receptioners.

On January 4, 2008, the Defendant stated that “A amusement business establishment” at the “C amusement business establishment”, “A would provide a victim D with the need for advance payment,” and “on the loan of KRW 65 million up to March 21, 2008, the Defendant would complete payment.”

However, even if the Defendant borrowed money from the victim, it was thought that the Defendant would use money for living expenses, existing debt repayment, and gambling rather than using money for the purpose of lending money to the entertainment reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception

Nevertheless, as above, the defendant deceiving the victim and deceiving him as such, 13.8 million won in cash on the same day from the victim, 39 million won in a single bank passbook under the name of the defendant on January 15, 2008, 18.8 million won in the same month, 30 million won in the same month, 19.3 million won in the same month, and 19.3 million won in the same year.

2. The sum of KRW 65 million was received on August 3, 18, 2000.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the loan application and the details of passbook transactions (netly 4) Acts and subordinate statutes;

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. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] In the case where the mitigation area (one month to one year) of Class 1 (the amount below 100 million won) [the person who has been specially mitigated] of the mitigated area (one month to one year] of the mitigated area, or where a considerable damage was restored [the decision of the sentenced amount] of damage and the considerable amount of damage did not have been repaid for

However, there is no criminal record against the defendant, and there is no same kind of criminal record.

The defendant has partially recovered from damage and agreed with the victim.

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