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(영문) 대구지방법원 김천지원 2016.05.26 2016고단126

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

On November 18, 2015, the Defendant was sentenced to a suspended sentence of three years on November 26, 2015 in the Daegu District Court Kimcheon branch of the Daegu District Court for fraud, etc., and the judgment became final and conclusive on November 26, 2015.

On June 14, 2012, the Defendant called a phone to the victim B at an unsound place and lent the amount remaining after deducting the interest from the interest, if the Defendant borrowed money, to another person with the said money, and then, the Defendant and the victim divide one half of the interest and return the principal within the period.

If a person using bonds fails to repay within one month, he/she made a false statement to the effect that he/she would receive interest in arrears and lend the money to the defendant and the victim in one-half of the total amount.

However, at the time, the Defendant did not have any intention or ability to pay the above amount because he was expected to use part of the amount for the cost of living even if he received the above amount from the damaged person.

The Defendant received money of KRW 3 million from the damaged person to the account in the name of the Defendant on the same day, and acquired money of KRW 6,475,000 from around 37 times to October 31, 2012 as indicated in the list of crimes. The Defendant received money of KRW 6,475,00 as indicated in the list of crimes from around 37 times.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Each investigation report (Attachment of details of transactions in the A post office account, attachment of detailed data on the details of use of damaged funds, attachment of a detailed statement of account transactions used for committing a crime, and a detailed statement of account transactions in the name of a victim);

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (report attached to a judgment);

1. Relevant Article 347 of the Criminal Act and Article 347 of the Criminal Act and the choice of punishment for the crime;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The main text of Article 62(1) of the Criminal Act (the amount of fraud and the amount of money not yet repaid is substantial, but the case is the same.