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(영문) 대구지방법원 2020.09.23 2019고단2160 (1)

사기

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 15, 2018, the Defendant stated that “The Defendant will work as an employee at the entertainment tavern in the face of 35 million won with a prior payment,” from the victim’s D’s entertainment tavern in the operation of the victim C located in North-gu, North-gu, North Korea, and the victim.”

However, even if the defendant receives a prepaid payment from the victim, the defendant did not have an intention or ability to work normally at the above D entertainment tavern.

Nevertheless, the Defendant, by deceiving the victim as above, obtained 20 million won from the victim to the national bank account in the name of E on the same day, and obtained 10 million won from the same account around June 26, 2018, and 5 million won from the same account around July 2, 2018.

Summary of Evidence

1. A protocol concerning the examination of partial police officers of the accused;

1. Statement of the police statement regarding C;

1. Application of notarial deeds (Evidence Nos. 3), data not submitted for damage (Evidence Nos. 6), and C of the transaction of Daegu Bank in the name of Daegu Bank;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

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

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of recommendation [decision of types] according to the sentencing guidelines and there is no person who is less than KRW 100 million [the category 1] (the scope of recommendation field and recommendation range] and the basic area of recommendation [the scope of recommendation field and recommendation range], six months to one year and six months.

3. Determination of sentence: Determination of sentence shall be made in full view of the following circumstances and the defendant's age, character and conduct, environment, motive, means and consequence of the commission of the crime, circumstances after the commission of the crime, and various conditions of sentencing as shown in the arguments in this case:

Unfavorable circumstances: Crimes are inferior in light of the contents of crimes.

There are many same kinds of power.

The damage was not recovered.

The favorable circumstances: The punishment shall not be imposed.