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(영문) 서울동부지방법원 2016.05.11 2016고단756
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, around December 2012, at the C restaurant located in Songpa-gu Seoul, Songpa-gu Seoul around December 2, 2012, intended to supply the victim D with a studco regular course of business to the straw.

The phrase “a request was made for preparation of KRW 100 million as funds and teaching expenses to be paid to the executives of the Span special lecture.”

However, even if the Defendant received money from the above victims, he was thought to use the money for the company's business expenses that he operated, rather than for the street funds for the officers of the Ssc special lectures, and there was no intention or ability to make the above victims deliver the scoo imported by the above victims to the Sc special lectures.

Nevertheless, the defendant deceivings the above victim as above, and he acquired 100 million won by transfer from the above victim on January 4, 2013.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes to the complaint;

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. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution (the conditions favorable to the defendant among the reasons for sentencing) includes the fact that there is a history that the defendant was punished for the same kind of crime, and the amount of damage up to KRW 100 million and the liability for such crime is not less complicated, etc., which are disadvantageous to the defendant, or the fact that the defendant led to the confession of the crime in this case and reflect in depth, repayment of the total amount of damage to the victim, and agreement was reached in full with the victim and the victim did not want the defendant's punishment, etc., shall be

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