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(영문) 대구지방법원 2015.06.19 2015고정829
사기
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On August 14, 2013, the Defendant was sentenced to a suspended sentence of two years for a violation of the Financial Investment Services and Capital Markets Act at the Daegu District Court, which became final and conclusive on August 22, 2013.

On January 28, 2013, the Defendant made a false statement to the victim F by making a phone call to the victim F, “If he/she lends 5 million won as he/she needs to pay the money, he/she shall be paid 6 million won including interest of 1 million won.”

However, even though the Defendant was attending the insurance company at the time, there was no insurance business performance, and the amount of operation was merely KRW 15 million, and it is difficult to expect high profits. The Defendant did not have the ability to repay money within one month even if he borrowed money, there was no special property.

Nevertheless, the Defendant acquired 5 million won by transfer from the victim to the Samsung Securities Account in the name of the Defendant G in the same day.

Summary of Evidence

1. Partial statement of the defendant;

1. The police statement concerning F;

1. A copy of a bankbook;

1. Previouss before and after judgments: Application of criminal records, reply reports and court rulings (Tgu District Court Decision 2012 Highest 6006)-related Acts and subordinate statutes;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act dealing with concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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