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(영문) 대구지방법원 2014.10.24 2014고정2230

사기

Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On January 2, 2014, the Defendant was sentenced to one year of imprisonment for fraud in the Daegu District Court Kimcheon Branch, and appealed against this, and was sentenced to dismissal of appeal by the Daegu District Court on April 3, 2014, and the judgment became final and conclusive on April 11, 2014.

The Defendant and B, around May 2013, opened a loan advertisement at a daily advertisement site and received a loan-related document, passbook, cash card, mobile phone, etc. from the telephoner who reported it, and sold the mobile phone to others, and after receiving a loan from the above loan-related documents, B, after receiving a loan from the victim C, who received the loan from the above loan-related documents, made a false statement to the effect that B, on August 5, 2013, “a loan shall be made by lending three million won within a week from the opening of a cash card, cellular phone, etc. to the victim C who made a report on the loan advertisement.”

6. At the center of the Eetype hall located in Daegu-gu Seo-gu, he obtained from the victim the cell phone of 600,000 won or more at the market price, Daegu-gu bank passbook and cash card, a certified copy of the resident registration record, and a copy of the identification card.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. Previous convictions indicated in judgment: Investigation report (prior reporting, etc. before a final judgment), previous convictions of disposition, and application of Acts and subordinate statutes reporting results;

1. Articles 347 (1) and 30 of the Criminal Act applicable to the crimes;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;