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(영문) 대전지방법원 2017.12.20 2017고단3648

사기

Text

A defendant shall be punished by imprisonment for not less than eight 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 October 14, 2014, the Defendant borrowed only 10 million won to the victim from the “E” of the victim D’s operation located in the Jung-gu Daejeon-gu Daejeon-gu, Daejeon-gu, that is, there is no money for the victim to buy the vehicle. There is a lot of people who lend money to the victim because of the number of days in Korea.

The loan made 3% interest per month and the false statement was made that the payment will be made after a few months.

However, the fact is that the defendant was unable to recover the loan that the defendant lent while operating the bond business, and even if he borrowed money from the victim without any particular property, he did not have the intention or ability to change the loan within the due date.

The Defendant received KRW 10 million from the injured party to the Agricultural Cooperative account in the name of the Defendant on the same day and received KRW 221,876,00 in total over 10 times from the time, as shown in the list of crimes in the attached Form.

After all, the defendant, by deceiving the victim, received property or acquired property benefits.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 347 (1) of the Criminal Act and the choice of punishment for the crime, Articles 347 (1) of the Criminal Act and the choice of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Normal circumstances unfavorable to the reason for sentencing under Article 62 (1) of the Criminal Act: The fact that the amount of fraud is a large amount: The fact that the amount of fraud is against the other person, that there is an agreement with the victim, and that there is no same criminal record;