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(영문) 대구지방법원 2018.06.08 2017고단6016

사기

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 5, 2017, the Defendant at the “C” convenience store located in the Daegu Metropolitan City, Dong-gu, Dong-gu, Seoul Metropolitan City on January 5, 2017, the Defendant “A” for the victim D is a business with friendship, but the principal is guaranteed.

If an investment of KRW 1 million is made, 300,000 won will be paid as interest every month, and 400,000 won will be paid as interest.

“A false representation was made.”

However, in fact, even if the defendant did not receive money from the injured party and did not receive money from the injured party, he did not have the intent or ability to pay the principal and interest even if he received money from the injured party as the money for investment.

Defendant 1,50,000 won, including deceiving the victim and receiving 1,500,000 won from the victim’s account in the name of E, from that year.

2. received a remittance of 14,790,000 won in total over 12 occasions by up to 14.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes on account transactions and account details;

1. Article 347 (1) of the Criminal Act, the selection of punishment by imprisonment, inclusive, with labor for an offense, under the relevant provisions of the Act;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. On the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act, the Defendant’s crime of this case is committed against a victim who lacks intellectual ability compared to the general public, and is committed by gambling, etc., and the Defendant committed a crime similar to the instant case and has a record of punishment several times, which is unfavorable.

Since the defendant agreed with the victim and the defendant was sentenced to the suspension of the execution of imprisonment due to fraud in 2007, it shall be considered in favor of the fact that he was not punished by a fine exceeding the same kind of crime.

In addition, the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the amount of fraud (1,479 only won) of this case and the defendant's age, sexual conduct, etc., shall be comprehensively taken into account, and the punishment as ordered.