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Reasons
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(영문) 대전지방법원 2020.04.23 2019고단5061
사기
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A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

On August 15, 2016, the Defendant stated to the effect that “B Kinginging-gu, Daejeon District,” “B King-gu, Seo-gu, Daejeon,” “A King-gu, one unit of accounts, and one hundred and twenty million won per month, may be received if the Defendant delivered KRW 1.20,000,000 to the victim C,” and that the Defendant may receive KRW 20,000 per month, plus interest, according to the sequences.”

However, in fact, from around 2014, the Defendant was in a situation where the obligation was accumulated, such as paying interest equivalent to KRW 10,000,000 each month by lending bonds, and the Defendant was in a situation where the so-called “fluence” was made, such as lending money from many members of the 18 foot system, and thus, there was no intention or ability to pay the money to the victim by operating the normal system.

Ultimately, the Defendant, as such, was informed of the victim and received KRW 2,9560,00 from the victim on August 15, 2016, in total, KRW 1120,000,000,000,000 from May 15, 2019 to 333 times in the same manner.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to C by the police;

1. Details of deposit transactions, bill of case transmission, results of inquiry into credit information, and list of creditors;

1. A complaint;

1. Application of Acts and subordinate statutes to investigation reports (a copy of an invoice), investigation reports (the results of inquiry into credit information about a suspect and attachment to the list of creditors);

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting the crime, Article 347 (1) of the Criminal Act selection of the penalty, and reasons

1. The scope of recommendation [decision of types] according to the sentencing guidelines and there is no person who is less than KRW 100 million [the category 1] (the scope of recommendation field and recommendation range] and the basic area of recommendation [the scope of recommendation field and recommendation range], six months to one year and six months; and

2. Determination of sentence: (a) the nature of the instant crime is not good in light of the background and method of the instant crime;

Although the amount of damage is not high, the Defendant has up to now.

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