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(영문) 대구지방법원 2015.05.19 2014고단6195

사기

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On February 7, 2014, the Defendant was sentenced to three years of imprisonment for fraud at the Daegu District Court, and the judgment became final and conclusive on April 24, 2014.

On January 10, 2008, when the Defendant invested KRW 10 million in the victim E at the office of a mutually financed business office of "D" operated by the Defendant in Changwon-si, Changwon-si, the Defendant: (a) lent it to the victim E; (b) paid KRW 400,000 per month interest; and (c) returned the full amount of the investment at the expiration of the investment agreement period; and (d) drafted documents, such as a real estate lease agreement, a loan agreement, and a certificate of deposit deposit.

However, even if the defendant received an investment of KRW 10 million from the victim, he did not have the intent or ability to pay interest and investment principal as agreed with the victim, and not only forged documents such as the real estate lease agreement, the loan agreement, and the security deposit certificate in the above F name by stealing the name of F.

As such, the Defendant, by deceiving the victim as such, received from the victim a delivery of KRW 10 million under the pretext of investment in the same place.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Written complaint and documents attached thereto (No. 1 through 12 No. 1 of the evidence list);

1. Previous convictions indicated in judgment: A inquiry report on criminal records, etc., report on the results of confirmation of the previous disposition, and application of Acts and subordinate statutes of investigation report (a separate final and conclusive judgment attached);

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. Selection of imprisonment with prison labor chosen;

1. Reasons for sentencing under the latter part of Article 37 of the Criminal Act and Article 39 (1) of the same Act;

1. The scope of recommendation types according to the sentencing criteria [the scope of recommendation types] general fraud types 1 (less than 100 million won) and the basic area (one to one year and six months) (the special person) of the sentencing criteria;

2. Consideration - The circumstances before the final and conclusive judgment - Other cases such as the Defendant’s age, character and conduct, health conditions, home environment, motive, means, results, and circumstances after the commission of the crime.