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(영문) 대구지방법원 김천지원 2018.01.16 2017고단706
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[criminal records] On January 25, 2013, the Defendant was sentenced to four years of imprisonment with prison labor due to robbery in the Daegu District Court Kimcheon Branch of the Daegu District Court for the crime of robbery, etc., and was provisionally released on April 29, 2016 during the execution of the sentence. The remaining term of imprisonment has expired on November 22, 2016.

[Criminal facts] The Defendant, in October 2016, was in Si/Gu where the victim C was working for a person related to Maman-dong in the early 2016, set aside the Defendant’s loan to the Defendant with the money if he borrowed the credit loan to the Defendant.

It is the same that the business will be operated with width and partnership business, and it will be paid with borrowed money with multiple profits.

“False speech was made to the effect that it was “.”

However, in fact, even if the Defendant did not borrow money from the damaged party due to no income at the time, it was thought that it would be consumed as living expenses or entertainment expenses, and there was no intent to use it as a multi-facel operating expenses, and it is unclear whether it was profit or not since there was no experience in multi-facel operating, and even if it was operated in multiple ways, there was no intention or ability

As above, the Defendant: (a) by deceiving the victim; (b) obtained cash 10 million won from the victim on October 28, 2016 from the victim; and (c) acquired the victim by defraudation; and (b) from around that time to January 6, 2017, the Defendant acquired KRW 78,390,000 as multiple operating expenses for 13 occasions, such as the list of crimes in attached Table 13 times.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Response to a request for information on age rating;

1. Application of Acts and subordinate statutes to report on investigation (verification of the place where the complainant C transfers money to the suspect to the account transfer);

1. Relevant Article 347 of the Criminal Act and Article 347 of the Criminal Act and the choice of punishment for the crime;

1. Reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes;

1. Application of the sentencing criteria [the scope of the recommended punishment] General Fraud (less than KRW 100 million) in the basic area (from June to one year and six months) (the person who is subject to special sentencing)

2. The defendant who has rendered a sentence of sentence shall be free from office;

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