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(영문) 대구지방법원 포항지원 2018.08.09 2018고단665

사기

Text

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

Reasons

Punishment of the crime

On October 4, 2016, the Defendant: (a) at the D coffee shop located in Nam-gu, Nam-gu, Seoul on October 4, 2016, the Defendant provided the victim E with “a money laundering by a domestic or foreign company; and (b) borrowed money to the necessary person and received high interest.

B. In the case of lending money to B, the phrase “a loan to B shall be made as much as the principal reduces 300% of the principal.”

However, the Defendant did not engage in money laundering, and the money received from the injured party was scheduled to be used to prevent the return of personal living expenses and debts.

On October 4, 2016, the Defendant received KRW 40 million from the damaged party to the Agricultural Cooperative Account under the name of the Defendant, from that time, and received KRW 181,50,000 from that time on November 15, 2016, totaling KRW 12 times, such as the list of crimes in attached Form 12.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. A report on investigation (main data on details of payment of damaged money);

1. Application of Acts and subordinate statutes to a copy of the loan certificate, a copy of the passbook and the details of account transactions, data on Kakao Stockholm dialogue, text message data, and account transaction details;

1. Article 347 (1) of the Criminal Act by universal title with respect to the facts constituting an offense;

1. Reasons for sentencing selective sentence of imprisonment with prison labor;

1. Where the scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] general fraud [the scope of the recommended sentence] is reduced (one hundred million won or more, and less than five hundred million won) (one hundred to two years and six months)] (the special mitigation person] is not subject to the punishment, or a considerable damage is recovered;

2. A more favorable circumstance exists, such as that a female does not want the punishment of the defendant by mutual consent with the victim of the sentence, that there is no criminal history exceeding the same criminal history and fine, that there is no criminal history, and that a mistake is recognized and an attitude against the defendant.

However, not only the contents of deception against the victim is not good, but also the amount of deception is more than 180,150 million won, and the crime is extremely poor.