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(영문) 대구지방법원 영덕지원 2018.08.22 2018고단104
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On March 22, 2017, the Defendant borrowed money to the victim E, who was aware of his knowledge in the area near the D apartmentel located in Chungcheongnam-gun, Chungcheongnam-gun on March 2, 2017, and sold it to the victim E with land equivalent to KRW 4 billion in Busan.

The land has been in charge of KRW 80,000,000,000,000,000,000,000.

“A false statement” was made.

However, the defendant did not own land in Busan and did not have any fact that he did not leave KRW 800 million to the father, and there was no property owned by him, and even if he borrowed money from the injured party, he did not have the intention or ability to repay it.

Nevertheless, the Defendant, as seen above, was delivered KRW 32,30,000,000 to 35 times in total, as shown in the list of crimes, from the time when he received KRW 1,00,000 from the victim, to the agricultural bank account in the name of the Defendant F, in the name of the Defendant, from the victim, that is, from the time when he was accused of the victim, to December 11, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each investigation report (in relation to attachment of a letter of loan borrowed prior to gold, statement of the complainant, and request for correction of the amount of damage inflicted on the complainant);

1. Application of Acts and subordinate statutes to the list of borrowed amounts, each letter of repayment, a detailed statement of passbook transactions, items presented as security at the time of next use, each proof of contents, the list of changed restrictions, and each written confirmation of borrowing money;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting the crime (a comprehensive selection of imprisonment with prison labor);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. Scope of punishment by law: Imprisonment with prison labor for not more than ten years;

2. The scope of the recommended punishment according to the application of the sentencing criteria [the scope of the recommended punishment] the basic area (six months to one year and six months) (one year and six months)] of the sentencing criteria; and

3. The arguments in this case, including the following circumstances under the sentence of sentence, Defendant’s age, environment, sex, motive, means and consequence of the crime, and the circumstances after the crime.

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