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(영문) 의정부지방법원 고양지원 2018.12.06 2018고단2119
사기
Text

A defendant shall be punished by imprisonment for 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

On March 2016, the Defendant, at D Golf clubs located in Thai-si, PPaju on March 3, 2016, leased golf clubs in Thai-si, and “The Defendant is running a business to pay profits by attracting Korean tourists in Thai-si, and the amount of business funds is changed. The Defendant, attracting the off-the-face training team, is paying up until October 2016, and the deposit amount of KRW 68 million entered into FF golf clubs in Thai-si, can be found at the latest around April 2017.

The phrase “ makes a false statement.”

However, the fact was that the golf course located in Thailand was not leased, and the amount borrowed from the victim was not used as the above business fund, but as the living expenses of the defendant's family. The golf-related business promoted by the defendant was merely limited to the extent that the defendant left the Thailand for the purpose of supporting the golf education of his children, and the defendant obtained the difference excluding the difference which the defendant promised relatively relatively relatively low in terms of the land in Thailand among the expenses that he received from the land in Thailand, and did not actively attract tourists by leasing the golf course, and there was no intention or ability to repay the money even if the defendant borrowed the money from the damaged person due to the lack of property or profit.

On April 29, 2016, the Defendant, by deceiving the victim, was transferred KRW 15 million to the account in the name of G, the spouse of the Defendant around April 29, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by each prosecutor to E;

1. Statement protocol by the police for E;

1. Details of transactions (No. 2 No. 5 of evidence list);

1. Application of Acts and subordinate statutes on recording;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Application of sentencing guidelines for sentencing under Article 62-2 of the Criminal Code of the Social Service Order (Recommendation of Punishment).

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