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(영문) 대구지방법원 2016.05.27 2014고단6069
사기
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[criminal record] On March 13, 2009, the Defendant was sentenced to one year and six months of imprisonment for fraud at the Daegu District Court, and was released on November 30, 2009 from the Daegu Prison on parole on the execution of the sentence, and the parole period expired on February 23, 2010.

[2] The Defendant: (a) on May 1, 2010, operated the Victim D with Specialized Management Point in the Management Point in the E-U.K.; (b) on a used motor vehicle in Gyeongsung-gu, Daegu-gu; and (c) on a used motor vehicle in Gyeongsan-gu, Daegu-gu; and (d) on a level of KRW 3-400 million.

The 3% interest per month shall be paid on the loan of money, and the principal shall be repaid after one year.

“......”

However, at the time of fact, the Defendant did not have any specific property up to KRW 420 million, and there was no intention or ability to repay the principal after one year, since the Defendant planned to engage in a business with a high risk of illegal high interest on the part of the persons who need to pay the money received from the injured, such as bond business, and therefore, he did not have any intent or ability to pay the principal after one year.

As above, the defendant deceivings the victim as to and under the pretext of the loan from the injured party, the amount of KRW 50 million on May 12, 2010, and the same year.

7. 27. 30 million won, per year;

9. 27. 30 million won in total, 110 million won in total.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. An investment agreement, a complaint, and a fair deed;

1. Previous convictions in judgment: Inquiry about criminal history, personal identification and confinement status, and application of Acts and subordinate statutes of a report on investigation (Attachment to judgment);

1. Relevant provisions of the Criminal Act, Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The Defendant, as stated in the first head of sentencing of Article 35 of the Criminal Act, was provisionally released during the execution of imprisonment for the same kind of crime, and committed the instant crime only for two months after the period of parole expires.

In light of the criminal law, it is not good to commit a crime.

There are few damages.

(b) damage;

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