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(영문) 대구지방법원 2019.03.19 2018고단4658
사기
Text

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

Reasons

Punishment of the crime

On February 16, 2016, the Defendant was sentenced to imprisonment for fraud, etc. at the Daegu District Court on February 16, 2016, and was released on March 30, 2017 in the racing prison on parole on the execution of the sentence.

6. On October 27, 2017, the Daegu District Court sentenced six months to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Intimidation, etc.) on the Aggravated Punishment, etc. of Specific Crimes, which became final and conclusive on March 16, 2018.

The defendant is a person who operates a rental business for another worker in the column B.

On July 3, 2017, the Defendant made a phone call to the victim C, stating that “Around July 3, 2017, considerable amount of KRW 210 million at the market price of 290H 1 p. 1 p.m., a mid-to long-term workshop 290H 1,000,000,000 won, purchased the said other workshop, and given a monthly rent of KRW 4 million from July 2017 to October 2017, the Defendant made a false call to the victim C, and said D would have the victim register the said other workshop under the victim’s name if he/she added the amount of KRW 100,000 to that money.”

However, the fact was that the victim received money from the victim for the purchase of the other company, and the victim did not have the intent or ability to purchase the other company.

As such, the Defendant, by deceiving the victim, received money from the victim to the F account (G) in the name of the Defendant on July 4, 2017, 50 million won, 30 million won on the 10th of the same month, 20.5 million won on the 26th of the same month, 15 million won on the 26th of the same month, and 145 million won on the 15th of the same month.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused and C by the prosecution;

1. A complaint;

1. Previous convictions in judgment: The application of criminal records and investigation records under Acts and subordinate statutes;

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

1. Article 35 of the Criminal Act among repeated crimes;

1. Reasons for sentencing under the latter part of Article 37 of the Criminal Act and Article 39 (1) of the same Act;

1. The scope of punishment by law: One month to twenty years of imprisonment;

2. The sentencing criteria shall be based on; and

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