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(영문) 수원지방법원 여주지원 2018.08.24 2018고단453

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.


Punishment of the crime

The Defendant, around May 8, 2017, at the victim C’s house located in Gwangjin-gu Seoul Special Metropolitan City around May 8, 2017, may be punished by the Defendant for net profit of at least 4,00,000 won per month.

Today, 15,000,000 won can be said to be the same as that of punishment to those who assist in the business, if they show their will.

And the money paid to B shall be returned within one year.

The phrase “ makes a false statement.”

However, since the defendant did not have the funds required for the siren program, even if he received money from the injured party, he was unable to operate the siren program, and there was no intention or ability to return money within one year to the injured party.

Accordingly, the Defendant, by deceiving the victim as such, received KRW 15,00,000 from the victim as the expenses for the promotion of the business on May 8, 2017, from the Defendant’s agricultural bank account (D) and received KRW 67,00,000 in total from November 13, 2017 to the Defendant’s agricultural bank account (D) as the expenses for the promotion of the business, and received KRW 1,858,000 in total as the expenses for the establishment of the office from November 13, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. C Complaints;

1. A trading statement;

1. Details of long-term card lending transactions;

1. A schedule of installment/deposit of loans;

1. A detailed statement of the use of Samsung Cards;

1. Application of statutes on the statement protocol to C

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. From one month to ten months from the scope of the recommended sentence (in cases of punishment, no penalty shall be imposed);

2. Giving unfavorable consideration to the extent of damage caused by the determination of the sentence, and to the fact that there are several penalties for the same kind of crime;

However, it shall be considered in favorable circumstances, such as the fact that the Si figures and reflects, the fact that the victim has paid the amount of damage and the amount of criminal agreement.