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(영문) 서울중앙지방법원 2017.06.08 2017고단2057
사기
Text

A defendant shall be punished by imprisonment for not less than eight 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

[criminal records] On September 28, 2016, the Defendant was sentenced to imprisonment with prison labor for a violation of the Labor Standards Act at the Seoul Central District Court on September 28, 2016 and the judgment became final and conclusive on December 30, 2016.

[2] On February 11, 2014, the Defendant is promoting the Victim E’s business of the Do-dong-based sports strike and freezing storage using the cooling heat of LNG around February 11, 2014.

It is not enough to conclude a contract deposit in order to conclude a business feasibility study service contract with the tri-party accounting corporation.

To lend KRW 50 million to 50 million, the freezing warehouse business will be provided and repaid only for a few months.

The phrase “ makes a false statement.”

However, in fact, the defendant was planned to use the money borrowed from the injured party to repay the existing loan, and the debts exceeded 2.8 billion won, and there was no intention or ability to repay the borrowed money to the injured party because there was no particular property.

Nevertheless, on February 11, 2014, the Defendant was transferred from the injured party to the bank account (F) with the name of the Defendant’s name as the borrowed money.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A certificate or certificate of details of the loan;

1. General contents of the adjudication of bankruptcy (applicant: A) at the lower end of 2016;

1. Inquiries about details of transactions with foreign exchange banks;

1. Previous convictions: Inquiries about criminal history and the application of Acts and subordinate statutes on investigation reports (verification of the identity of the accused);

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

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The sentencing criteria shall not apply to the crimes subject to the setting of the sentencing criteria and the concurrent crimes after Article 37 of the Criminal Act.

2. The fact that the defendant recognizes the facts charged and reflects it, and the defendant pays the amount of damage to the victim and makes the victim wish to do so.

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