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(영문) 제주지방법원 2015.05.28 2015고단224
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Around October 29, 2013, the Defendant: (a) at the second floor of the notarial office in the building in Jeju, around October 29, 2013, the Defendant had a debt of KRW 50 million to liquor companies; (b) KRW 30,000,000,000; and (c) KRW 15,000,000,000,000,000,000,000,000,000,000; and (d) even if the Defendant borrowed money from the Victim with no profits from “E in Jeju-si” operated by the Defendant, the Defendant would transfer the money to the Defendant until April 28, 2014, even though he did not have the intent or ability to pay the money properly.

‘Falsely speaking’ was made to the effect that it was “.

Accordingly, the defendant received 28.5 million won from the victim and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the prosecution with respect to F;

1. Statement made by the police with respect to F, authentic copy of notarial deed, and statement of transactions by victim NongHyup Bank;

1. Investigation report (to G telephone conversations for reference);

1. Application of Acts and subordinate statutes to investigation reports (Attachment of Details of Transactions of Jeju Bank);

1. Relevant Articles of the Criminal Act and the choice of punishment for the crime: Article 347 (1) of the Criminal Act;

1. Suspension of execution: The reduction area of types 1 (less than KRW 100 million) of general fraud for the reason of sentencing under Article 62 (1) of the Criminal Act: -1 year in cases where a person committed willful misconduct intentionally in negligence in one year, or in cases where the degree of deception is weak: The payment of interest at the rate of three months (4.5 million won) and the initial crime;

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