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(영문) 대구지방법원 경주지원 2018.08.22 2017고단722

사기

Text

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

Reasons

Punishment of the crime

On June 12, 2013, the Defendant borrowed money from the victim B to the victim B as the operating expenses of the restaurant run in Korea are insufficient.

“A false statement” was made.

However, the Defendant is a bad credit holder, and there was no property owned by the Defendant, and the credit card payment in excess of KRW 15 million was overdue, and the Defendant was planning to use most of the money received from the injured party in repayment of his/her obligation with the loan of KRW 8 million from the son, and it was difficult to operate the above restaurant to the extent that there was little profit from the above restaurant operation. Therefore, even if he/she borrowed money from the injured party, there was no intention or ability to repay it.

As above, the Defendant was issued KRW 47.95 million in total over 11 times from around June 12, 2013 to around June 22, 2015, as shown in the list of crimes in annexed hereto, as well as from around that time to around June 22, 2015, on the pretext of borrowing money from the injured party.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. A complaint, a detailed statement of deposit transactions, a borrowing certificate, and a certificate of title lending;

1. Application of investigation reports (transaction companies and building owners at the time of operation of suspect C), investigation reports (related Acts and subordinate statutes, such as amounts receivable of food materials at the time of operation of the suspect C);

1. As to the facts constituting an offense, the pertinent Article of the Criminal Act and Article 347(1) of the Criminal Act regarding the selection of punishment, the grounds for sentencing of sentence [the scope of recommending punishment] [the grounds for sentencing of sentence] in general fraud [the grounds for sentencing of sentence] in the basic area (from June to one year and six months] [the person who is subject to special sentencing] [the decision of sentencing] [the decision of sentencing] below the following conditions and other conditions of sentencing indicated in the records, such as the Defendant’s age, occupation, sex, family relationship, and circumstances before and after the commission of the offense, shall be determined by taking into account the following conditions of sentencing.

Unfavorable circumstances: the defendant has the same record of fine.