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(영문) 대구지방법원 상주지원 2019.09.03 2019고단264

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On January 30, 2016, the Defendant stated that “D” of the Victim C’s Operation “D” in Daegu-gu, Daegu-gu, means that “A person who works in Gu E, and, upon settling accounts at the end of the year, the Defendant would immediately bring the price into credit.”

However, in fact, the Defendant did not work in E, and at the time, the Defendant did not have any intention or ability to pay the price even if he received two points from the victim, because he did not work in E, paid interest equivalent to KRW 600,000 per month on the amount of KRW 33.5 million per month, and was in excess of his obligation, such as avoiding the card price from time to time.

The Defendant received 20,530,000 won in total from the above 48 times as indicated in the list of crimes in attached Table from around that time to April 15, 2018, as well as from the victim’s 400,000 won of high art works owned by the victim at the seat of 400,000 won.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of the Acts and subordinate statutes for investigation reporting;

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

1. Reasons for sentencing selective sentence of imprisonment with prison labor;

1. The scope of recommendations according to the sentencing guidelines [decision of types] and the basic area of recommendations [the scope of recommendations and recommendations] (the scope of recommendations and recommendations], the basic area of which is not less than KRW 100 million and less than KRW 500 million (the amount of punishment shall be set forth in Type 2], and 1 to 4 years;

2. The circumstances favorable to the Defendant are the following: (a) the Defendant, who made a decision to sentence the instant crime, led to the confession of the instant crime and reflects the mistake; (b) the 10 million won out of the amount of damage was repaid; and (c) the primary

However, the amount of damage is about KRW 1530,000,000 and the amount equivalent to KRW 90,000 is not recovered.