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(영문) 대구지방법원 포항지원 2016.08.25 2016고단786

사기

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On April 2012, the Defendant stated that “In order to change the monthly rent house currently living at the port from the point of view of the Defendant’s operation, the Defendant loaned KRW 30,000,000 to the victim D with the deposit money, and the Defendant would make a full payment at a prompt time, one million won per month for the loan.”

However, in fact, since the defendant had no special property at the time and the main points operated by the defendant were fit, even if he borrowed money from the injured party, there was no intention or ability to repay the money to the injured party.

As such, the Defendant, by deceiving the victim, received KRW 10 million from the victim, around April 6, 2012, and KRW 20 million from April 9, 2012 to the account in the name of the Defendant under the name of the Nonghyup Bank in the name of the Defendant as a loan deposit, and received KRW 20 million in total from the victim seven times from the date and time to March 14, 2015, as indicated in the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Two copies of account transactions or loan certificates;

1. Application of Acts and subordinate statutes to an investigation report (Attachment of Details of deposit transactions, etc. submitted to theA);

1. Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment with prison labor, respectively;

1. former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes prescribed in the attached Table No. 3, No. 1000,000,000,000,000 won per annum for the most severe crime);

1. The criteria for the sentencing of Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act (amended by Presidential Decree No. 2000 million won or more, or less than 500 million won): In the case where the basic area (amended by Presidential Decree No. 2000 million won or more) is described in Article 62(1) of the Act on the Suspension of Execution (amended by Presidential Decree No. 20006, Feb. 1, 2006) (amended by Presidential Decree No. 20060, Jan. 2, 2006) (amended by Presidential Decree No. 20130, Jan. 2, 2006) is as follows.