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(영문) 의정부지방법원 2018.02.07 2016고단3263
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment 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 June 10, 2016, the Defendant was sentenced to four months of imprisonment for criminal fraud at the District Court of Jung-gu, which became final and conclusive on September 3, 2016.

[Criminal facts]

1. On January 15, 2014, the Defendant against the victim C entered the victim C’s office located in Namyang-si, Namyang-si, with a false statement to the effect that “The Defendant would faithfully pay the monthly payment if he/she paid the monthly payment to the victim at KRW 30 million, KRW 21, KRW 1500,000,000 prior to the receipt of the monthly payment, and KRW 1950,000,000 after the receipt of the monthly payment,” which read that “The Defendant would pay the monthly payment to the victim at KRW 2,000,000,0000,000,000,000

However, at the time of operating amusement centers, the Defendant had already borne an individual obligation of KRW 100 million and had already exceeded his/her obligation, and even if the operation of the pertinent amusement center continues to be performed by the enemy, there was no intention or ability to pay monthly contributions.

Nevertheless, on February 15, 2014, the Defendant was delivered KRW 30 million from the injured party.

2. On March 18, 2014, the Defendant against the victim E made a false statement to the victim E’s residence located in Namyang-si, the Defendant subscribed to KRW 10 million, KRW 11,000,000,000,000 prior to the receipt of monthly payments, and KRW 1,300,000,000,000,000,0000,000 prior to the receipt of the monthly payments, and the Defendant made a false statement to the victim “I will pay the monthly payments in good faith once by paying the monthly payments.”

However, the defendant did not have the intention or ability to pay a monthly payment, even if he received a monthly payment for the same reason as Paragraph 1.

Nevertheless, the Defendant was given a delivery of KRW 10 million to the injured party on the same day.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness C, E, G, H, and I;

1. The division of each chief accountant;

1. Previous conviction: Application of criminal history inquiry, summary information output of case Acts and subordinate statutes;

1. Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment.

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