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(영문) 대전지방법원 2017.03.24 2016고단4012

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On March 24, 2014, the Defendant: (a) at the office of the D Co., Ltd. located in Heung-gu, Chungcheongnam-gu, Chungcheongnam-gu; (b) the victim E “at present with the progress of construction work; and (c) the amount of gold to the extent of one week.

10,000,000 won was lent to the effect that "on April 16, 2014, i.e., to repay".

However, in fact, the defendant did not continue to work at the time, and there was no intention or ability to repay the debt even if he borrowed money from the injured party, due to economic difficulties, such as having been liable for the debt worth approximately KRW 290,000,000.

Nevertheless, Defendant 1 received 10,000,000 won from the injured party’s false statement to the Agricultural Cooperative Account in the name of the Defendant’s mother-friendly.

2. On April 7, 2014, the Defendant, at the office of the said Co., Ltd., Ltd., the victim F, “at the present progress of the construction work, and only after the lapse of a week.”

30,000,000 won was lent to the effect that "on April 30, 2014, i.e., would be repaid."

However, the facts did not have the intention or ability to pay the damages even if they borrowed the money from the injured party, such as the provisions of the preceding paragraph.

Nevertheless, Defendant 1 received total of KRW 30,000,000 from the injured party on April 7, 2014, and KRW 15,000,000 on April 9, 2014, from each transfer to the Agricultural Cooperative under the name of Defendant 1’s mother, as seen above, to transfer KRW 30,00,000 in total.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes in which each police statement made to F and G is entered;

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

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the aggravated concurrent crimes [the scope of the recommended punishment] is that there is no basic area (six months to one year and six months) [the person who is subject to special sentencing] [the decision of sentence] reflectivity, fraud method and size, and the same criminal records, etc.