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(영문) 대구지방법원 2019.08.21 2019고단2248

사기

Text

A defendant shall be punished by imprisonment for a period of five months.

Reasons

Punishment of the crime

On February 4, 2010, the Defendant shown the attitude of the victim C to pay the above amount to the victim at his/her her her her son farm in North Korea-gun B, and ordered his/her son.

However, the Defendant, at that time, had a total of approximately KRW 35 million debt owed to financial institutions and approximately KRW 10 million debt owed to other trading enterprises, and had a total of KRW 10 million debt owed to other trading enterprises, and had the intent to use the payment for other debt repayment, etc. even if he was supplied with and sold by the said victim. Therefore, the Defendant did not have any intent or ability to pay the payment for the said victim’s incidental debt.

Nevertheless, as above, the defendant deceivings the victim C and brought about 78 78 son from the above victim, from that time, from that time to the point of view of the same year.

5. Up to July, the above victim received approximately KRW 50 million from the victim’s wife, approximately KRW 3850,000,000 of the market value of KRW 10 million, and approximately KRW 7 million from the victim’s D to the victim’s wife.

Accordingly, the defendant acquired property from the victims.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. A protocol concerning the interrogation of suspects of E;

1. Statement of each police statement related to C and D;

1. Application of Acts and subordinate statutes concerning transaction registers and specification of transactions;

1. Grounds for sentencing under Article 347 (1) of the Criminal Act, including relevant provisions on the facts of crime and the choice of punishment;

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

2. The scope of recommendations according to the sentencing guidelines [decision of type] The general fraud [type 1] and there is no person below KRW 100 million [the scope of recommendations and recommendations] [the scope of recommendations] basic area, imprisonment with labor for six months to one year [the general person] - the use of personal trust relationship [the grounds for suspension of execution] - There are no force of criminal punishment - there is no force of major pride: There is no strong reflective reason - there is no damage.