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(영문) 대구지방법원 2016.09.27 2014고단2351
사기
Text

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

However, the execution of the above sentence shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On October 1, 2004, the Defendant extended the amount of money to the victim C by using a bond play in the international market of Busan if he lends KRW 10 million to the victim C at an infinite place located in the Dong-dong, Nowon-gu, Busan.

“The phrase “ was false.”

However, even if the defendant receives money from the injured party, the defendant did not have the intention or ability to return the principal to the injured party as well as the amount equivalent to the interest on the said money.

Nevertheless, the Defendant, as seen above, deceiving the victim and immediately received KRW 10 million from the victim as the borrowed money from the victim, and from June 15, 2009, received a total of KRW 236,500,000 from that time to June 15, 2009, as shown in the List of Crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A letter of borrowing;

1. Details of passbook transactions;

1. Requests for fingerprinting at criminal scene;

1. Application of Acts and subordinate statutes to investigative reports (report on the result of execution of a warrant of search and inspection);

1. Relevant Article 347 of the Criminal Act and Article 347 of the Criminal Act and the choice of punishment for the crime;

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution [the scope of recommendation] of Article 62(1) of the Criminal Act [the grounds for sentencing] [the grounds for sentencing] of Article 62(1) of the Act on the Suspension of Execution [the scope of recommendation] No person who has no basic area (one to four years) (one to a year), (one to a year) [the person who has a special sentencing] [the sentence] unfavorable: The defendant, while committing a crime against another person, acquired 230,65 million won from the injured person.

The damage has not been recovered.

The favorable circumstances: there is no criminal history against the defendant.

The physical and mental health of defendants is not very good.

In addition, the sentencing conditions shown in the trial process of this case, such as the defendant's age, sex, environment, relationship with the victim, motive, background, means and consequence of the crime, and the circumstances after the crime, etc., shall be determined as follows.

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