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(영문) 대구지방법원 2015.10.22 2015고단3335

사기

Text

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

However, 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

The Defendant is a person who had operated the “C gas station” in Cheongbuk-do, Cheongbuk-do.

Around September 26, 2011, the Defendant made a false statement to the effect that “the Defendant shall purchase and store a large number of oil before a gas station is in operation,” and “to repay the money immediately if he/she lends it to the victim’s home, other than the above C gas stations, and all of the other real estate except the gas stations, need not be informed because he/she is a large number of real estate.”

However, at the time of the fact, the Defendant had a financial obligation equivalent to 1.6 billion won, and the C gas station or G gas station operated by the Defendant was under the name of the Defendant’s former wife H. The above C gas station’s site, etc. did not have any remaining value if deducted from the obligation established in the financial right, and the profit accrued from the operation of gas stations was insufficient to repay the oil price and the interest interest, and thus, there was no intention or ability to repay the money even if the Defendant borrowed the money from the victim.

As above, the Defendant, as well as the Defendant, by deceiving the victim as above, received KRW 35 million from the victim, and was issued KRW 132 million in total eight times from around that time to September 16, 2013, as shown in the List of Crimes.

Summary of Evidence

1. Defendant's legal statement;

1. The protocol of prosecutorial statement concerning H;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes to investigation reports (referring to telephone statements for reference);

1. Relevant Article 347(1) of the Criminal Act and Article 347(1) of the Criminal Act (as a whole, including the frauds Nos. 1 through 5 of the list of crimes in attached Form 1-5), each of the choice of punishment for the crime, and the choice of imprisonment with prison labor

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the scope of recommending punishment) of the suspended sentence.