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(영문) 대구지방법원 2020.06.11 2020고단1682
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 10:30 on January 7, 2020, the Defendant made a false statement to the effect that “B is an employee of “B,” a loan brokerage company E, and the business performance is required. The Defendant would receive a loan under the name of thener, and pay it in lieu of a payment within one month after receipt of the loan.”

However, the defendant was not an employee E, and there was no intention or ability to pay the money from the victim without any particular property or occupation.

The Defendant, by deceiving the victim as above, had the victim take out full loans of KRW 10 million from F on the same day, and received delivery.

2. Around 11:30 on January 30, 2020, the defrauded G made a false statement to the effect that “B is an employee of the loan brokerage company E, which requires business performance. He/she will receive a loan under the name of thener, and complete payment instead of paying within one month after receiving the loan.”

However, the defendant was not an employee E, and there was no intention or ability to pay the money from the victim without any particular property or occupation.

The Defendant, by deceiving the victim as above, had the victim take out the full amount of KRW 5 million from the H Bank on the same day, and received the delivery.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of each police statement related to B and G;

1. Application of Acts and subordinate statutes on the data to each closure and account transaction statement;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Article 25(1), Article 31(1), (2), and (3) of the Act on Special Cases concerning the Promotion, etc. of Orders for Compensation and Declaration of Provisional Execution does not constitute a crime of the accused for sentencing.

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