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(영문) 대구지방법원 2016.04.28 2015고단3776 (1)

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On May 201, the Defendant operated C along with “B” to a victim B in the Daegu Dong-gu, Daegu-gu, Dong-gu, and the amusement park for the defendant.

C requires money to enter into an important contract.

The company shall be paid with money if it is deposited in the company within one week from the date of lending the money.

“A false representation was made.”

However, since the defendant had a plan to borrow money from the injured party and use it as money for gambling, there was no intention or ability to repay the borrowed money to the injured party.

As above, the Defendant, from November 10, 201 to November 10, 201, by deceiving the victims over 32 times in total, as shown in the List of Crimes, including the fact that the Defendant received KRW 1,90,00 from the victim as the loan money from the victim around that time, and that he received KRW 5,321,00 from the victim.

Summary of Evidence

1. Statement of the defendant in the fourth public trial record;

1. Statement made by the police with regard to B;

1. A detailed statement of transactions in passbook;

1. Application of Acts and subordinate statutes to the specifications of sports soil use and the specifications of account transactions in the Han Bank;

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

1. The reason for sentencing under the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 50 of the Act on the Aggravated Punishment of Concurrent Crimes [the scope of the recommended punishment] No person who does not have a basic area (from June to one year and six months) [the person who is subject to special sentencing] [the sentence] [the decision of sentence] unfavorable: The amount obtained by the defendant from the damaged person is more than 50 million won in total, and the considerable amount of the money was used for the defendant's gambling fund.

The damage of the victim was not completely recovered.

There are several criminal records, including punishment, for the accused, and several criminal penalties for the same kind of crime have been sentenced to a fine.

The favorable circumstances: The defendant recognizes and reflects the crime of this case.

In addition, this case, such as the defendant's age, sex, environment, relationship with the victim, motive for the crime, circumstances after the crime, etc.