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(영문) 대구지방법원포항지원 2020.08.13 2020고단230

사기

Text

The punishment of the accused shall be set forth in six months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 10, 2018, the Defendant received money from the victim C, which is difficult to refuse upon the Defendant’s request to continue to work as the Doster, when the operation of the Doster operated by the Nam-gu, Nam-gu, Dong-si, Mack-si, and the Defendant received money from the Defendant.

The Defendant made a false statement to the above victim on the wind that caused the debt amounting to KRW 49 million due to a mistake in payment of debt guarantee. The Defendant, who is obliged to operate the store, thereby lending KRW 5 million to the company.”

However, unlike the victim’s statement, the Defendant was unable to repay the debt of KRW 16 million to the owner of the loan and the owner of the building, and thus, the Defendant was subject to collection of the principal and interest of KRW 3.5 million per month. However, on the other hand, the total amount of the sales was reported as approximately KRW 64.9 million per month, while the expenses such as monthly rent and liquor payment are over KRW 7,00,000 per month, and there was no intention or ability to repay them even if the Defendant borrowed money from the victim because the Defendant had been in arrears.

The Defendant, as such, by deceiving the victim, received KRW 5 million from the victim on the same day, and received a total of KRW 19.5 million from around that time to December 20, 2018 from around that time, as shown in the attached Table of Crimes, as the Defendant received a remittance of KRW 1,9.5 million in total for eight occasions as indicated in the list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. Application of Acts and subordinate statutes on copies of bankbooks, business registration certificates, sales data, credit information data, and account transactions;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 (1) of the Election of Imprisonment or Imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The types of recommendations according to the sentencing criteria.