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(영문) 대구지방법원 2016.05.24 2015고단6160
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

The Defendant was engaged in retail business of the mutual revenue and retail business of D in Daegu Northern-gu, Daegu Northern-gu. The Defendant began to operate the said company, and the obligation was incurred while operating the said company, and the bank loans amount to KRW 90 million and KRW 200 million, and the bank loans amount to KRW 90,000,000,000 and KRW 200,000,000,000,000,000 won.

On November 22, 2014, the Defendant, upon receiving the above D’s supply of meat from the injured party, acted as if he would settle the price.

However, as above, it was thought that the defendant was able to repay his obligation in excess of his obligation, and there was no intention or ability to pay the land price normally to the victim.

In addition to the fact that the Defendant deceiving the victim as above and received 6,38,566 won from the injured party on the same day from the injured party, from that time, the Defendant supplied 15,785,806 won in total over 15 times until December 26, 2014, and received 25,800,000 won in total and paid 69,985,806 won in total, and did not pay the remaining 69,985,806 won in total.

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 to the current status of sales claims by day, electronic account statements, and debt repayment plans;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Where the extent of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] is weak in the reduction area (one month to one year) in the category 1 (less than 100 million won) (one year to one year).

2. Normal circumstances taking into account - The degree of reflection, deception, etc. is not significant, and other previous records than fines, twice.

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