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(영문) 대구지방법원 서부지원 2019.07.11 2019고합71
특정경제범죄가중처벌등에관한법률위반(사기)
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

When preparing for the public notice of appointment of teachers, the Defendant prepared money using lending companies, bonds, etc., but failed to repay the money, thereby inducing other persons to acquire money by deceiving them.

On January 1, 2016, the Defendant made a false statement that “When supporting the C academic council, it comes to the research funds at the C academic council. On the other hand, 10% of the principal and support funds supported in the following month should be added to additional dues.”

However, in fact, even if the defendant received money from the victim as a support payment, he thought that he would use it as his obligation and living expenses, and there was no additional collection of the support money at C academic council, so it is obvious that if the defendant continued to receive the support payment from the victim, it would result in a situation that he would not pay additional dues, and the principal would not be paid.

As such, the Defendant, by deceiving the victim, received KRW 500,00 from the victim on January 23, 2016 to the E bank account under the name of the Defendant’s husband D around January 23, 2016, and acquired KRW 550,170,000 in total over 192 occasions from February 10, 2018, as stated in the annexed crime list.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to each investigation report (Evidence List 5, 16);

1. Relevant Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Article 347 (1) of the Criminal Act for the crime;

1. Reasons for sentencing under Articles 53 and 55(1)3 (hereinafter referred to as the following favorable sentencing grounds) of the Criminal Act for discretionary mitigation;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to fifteen years;

2. The scope of recommendations according to the sentencing guidelines [the determination of types] shall be limited to fraud [the type 3], the amount of more than 50 million won, and the amount of less than 5 billion won (the amount of special punishment] reduced factors: the risk of damage.

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