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(영문) 대구지방법원 김천지원 2017.11.14 2017고단877

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The Defendant did not have any fixed income due to the absence of a certain occupation, and there was an amount of personal debt of 30 million won or more, and there was no limit to receive the money due to the absence of subscription to the system, so there was no intention or ability to repay the money from others even if it was borrowed from others.

Nevertheless, on May 11, 2015, the Defendant called the victim C at a place where it is not known to him/her on May 11, 2015, and borrowed the amount of KRW 1 million if he/she is in urgent use.

“Along with the issuance of KRW 1 million to the Agricultural Cooperative’s account (Account Number D) in the name of the Defendant, and from that to May 31, 2016 to that of the Defendant, “Along with the payment to be made upon the settlement of accounts at the end of the year” to the victim.

“A full payment shall be made for the following month” and “A full payment shall be made:

Based on the false statement such as “A”, the member received money from the injured party as stated in the list of offenses, or obtained a total of 86,822,715 won by using the victim’s credit card at will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A detailed statement of account transactions, details of loans on the Nonghyup Card loan, details of credit card use, deposit data, deposit data, Kakao Stockholm dialogue, and response to the NICE evaluation data;

1. Application of Acts and subordinate statutes to a investigation report (verification of details transferred in the name of another person);

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

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Application of the sentencing criteria [the scope of the recommended punishment] General Fraud (less than KRW 100 million) in the basic area (from June to one year and six months) (the person who is subject to special sentencing)

2. The Defendant, by deceiving the victim to receive money under the name of the victim, such as the borrowed money, by deceiving the victim, and acquired approximately KRW 86 million in total.

Most of the damages were not recovered.

However, the Defendant recognized the entire crime of this case and reflected it.

The defendant.