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(영문) 대구지방법원 2019.11.28 2019고단3441

사기

Text

A defendant shall be punished by imprisonment for not less than five months.

Reasons

Punishment of the crime

The defendant, around September 14, 2017, wanting to operate the "Ellock 1" store to the victim D in Daegu Northern-gu B and C, Daegu Northern-gu around September 14, 2017. If the defendant borrowed 20 million won, he will take over the loan and pay the loan immediately.

The phrase “the phrase was false.”

However, at the time of fact, the Defendant did not have the status of receiving a business loan even if he accepted the above loan, and did not have the intent to receive the loan, so there was no intention or ability to repay the money as agreed upon by the victim.

Nevertheless, the Defendant, by deceiving the victim as above, received one million won from the victim to the passbook under the name of the Defendant, and caused the victim to transfer the same day to the passbook under the name of the Defendant. The victim was the passbook of F, which is the former business owner on the 21th of the same month, as the passbook of G, which is the former business owner on the 27th of the same month, and the amount of five million won on the 29th of the same month as the above passbook of H, which is the building owner, and the amount of five million won on the 29th of the same month as the above passbook of H, which is the above building owner, and the amount of KRW 947,00

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A detailed statement of entry and withdrawal transactions;

1. As to the investigation report (as to the hearing ofG statements):

1. Application of Acts and subordinate statutes to report on investigation (report on the result of telephone call of the complainant and witness);

1. The scope of recommendation [type 1] according to the sentencing guidelines for sentencing under Article 347(1) of the Criminal Act and Article 347(1) of the Selection of Punishment Act for the crime committed by fraud [the scope of recommendation field and recommendation range] below the basic area of less than KRW 100 million [the scope of recommendation field and recommendation range], the circumstances under the decision of sentence for six months to one year and six months, and other conditions of sentencing as shown in the records, such as the defendant's age, occupation, character and behavior, family relationship, family relationship, etc. shall be determined after considering the following factors of sentencing as a whole.

-not less than KRW 18.9 million, and not less than KRW 18.9 million for damage recovery, and not received from the victim - there is no record of recognizing the crime or of criminal punishment;