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(영문) 대구지방법원 경주지원 2016.09.28 2015고단805
사기
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

On September 15, 2011, the Defendant, at the “E” workplace located in Sejong-si, Sejong-si on September 15, 201, has a lot of money for the victim F to “E”.

There is money play without husband, and money needs to be paid now.

If a person continues to lend money in the future, he/she shall play in money and pay three installment interest and return the principal when it is necessary.

“False speech was made to the effect that it was “.”

However, in fact, the defendant was planned to use the money borrowed from the damaged person for personal purposes, such as living expenses, rather than bond business, and there was no particular property and income, so even if he borrowed money from the damaged person, he did not have the intent or ability to pay the agreed interest and principal.

Nevertheless, the Defendant: (a) deceiving the victim as above and received KRW 1,00,000 from the victim as the loan money on the same day; and (b) from around that time to January 13, 2015, the Defendant obtained a total of KRW 184,860,00 from the victim in the same manner as the loan money in the attached crime list, and acquired it by deceiving the victim from the victim in the same manner as in the attached crime list.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes on trading lists, details of damage payments, details of cash payments, loan certificates, details of payment of interest, and application of written statements of transactions;

1. The relevant Article of the Criminal Act and Article 347(1) of the Criminal Act ( comprehensively including, but not limited to, the choice of imprisonment) on the grounds of sentencing;

1. Application of the sentencing criteria [the scope of the recommended sentence] General fraud (the amount of imprisonment shall be not less than one hundred million won, and less than five hundred million won) basic area (one year to four years) of the sentencing criteria (the imprisonment shall be imposed for a person subject to general mitigation], and there is no record of criminal punishment;

2. According to the fact that the crime of this case, although the defendant did not have the intent or ability to repay, is not less vulnerable to the nature of the crime by deceiving the victim and by deceiving the money, the amount of defraudation is relatively large, and the victim is trying to punish the defendant.

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