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(영문) 대구지방법원 2016.08.25 2016고단2838
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal records] On May 25, 2012, the Defendant was sentenced to six months of imprisonment and one year of imprisonment for fraud, etc. at the Daegu District Court, respectively. In the second intersection of the North Korean Branch, the Defendant was released on April 30, 2013 during the execution of the sentence, and the parole period expired on July 4, 2013.

On March 16, 2016, the Defendant was sentenced to imprisonment of 2 years and 6 months and 500,000 won for fraud, etc. in the Daegu District Court Kimcheon support, and the judgment became final and conclusive on July 14, 2016.

[2] On November 4, 2013, the Defendant: (a) around 32, 40 U.S., Dong-dong 32-9 Flad-dong 44-9 (Flad-dong 44-9) (hereinafter “D”); (b) the Defendant loaned money to the victim B to open the door of “D” at Gu-U.S.A.; and (c) the Defendant would immediately pay back the money.

The phrase “ makes a false statement.”

However, even if they borrow money from the victims of fact, they did not have the ability or intent to pay the money.

Defendant was granted KRW 37,50,000,000 from May 10, 2014 by deceiving the victim as above and receiving KRW 5 million from the victim on the same day from May 10, 2014.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Court rulings;

1. The loan certificate;

1. A trading statement;

1. Previous convictions in judgment: Inquiry about criminal history, reporting on investigation (Attachment of the text of judgment), and application of the defendant's statutory statement statutes;

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

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

1. The latter part of Article 37 of the Criminal Act, provided that the sentencing guidelines do not apply to concurrent crimes, since the reason for sentencing under Article 39(1) of the Criminal Act is one of the concurrent crimes after Article 37 of the Criminal Act.

Unfavorable circumstances: The Defendant committed the instant crime again during the same repeated crime period.

Damage of the victim was not recovered.

The defendant is against the principle of good faith.

The principle of equity shall be taken into consideration when a judgment is rendered simultaneously with fraud, etc.

. Other defendant.

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