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(영문) 대전지방법원 2015.05.01 2015고단890

사기

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On February 6, 2015, the Defendant was sentenced to one year of imprisonment for a crime of fraud in the Daejeon District Court's Incheon District Court's assistance, and is currently under trial at the Daejeon District Court.

In fact, around 2011, the defendant did not have any particular property and income and has been liable to pay approximately KRW 70,000 to financial institutions, and even if he borrowed money from others, he did not have any intent or ability to pay the money.

Around June 20, 2011, the Defendant: (a) false statement that “I will immediately repay 2.50,000 won to the Defendant’s new cooperation account because I do not have any taxi expenses because I do not go to go to the Republic of Korea; and (b) received 2.50,000 won from the victim from December 23, 2013 to the Defendant’s new cooperation account, and acquired 1.30 won in total from the victim, as shown in the crime list, from the victim’s 1.30 times in total, as shown in the crime list.

Summary of Evidence

1. Defendant's legal statement;

1. Written statement of the police;

1. A detailed statement of bank transactions in each complainant;

1. Application of investigation reports (the progress of separate trials and filing of judgment) and Acts and subordinate statutes;

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

1. From among concurrent crimes, the reason reflects of the sentencing of Articles 37, 38(1)2 and 50 of the Criminal Act, the repetition of the same crime by various deceptive acts through a considerable period of time by taking advantage of the personal trust relationship with the victim, the amount of damage and the amount of damage has not been recovered, the criminal record relation (two times a sentence is imposed, two times a suspended execution, two times a fine, a majority of fines, one time a sentence of punishment, etc.) / such normal sentencing guidelines and the scope of a sentence of aggravated general fraud: In the event that the crimes are committed for unspecified or many victims or repeatedly for a considerable period of time, the application of the criteria for processing identical concurrent crimes of crimes of multiple types of crimes is the most important result of adding the amount of profit in August 1.