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대구지방법원 김천지원 2017.01.10 2016고정590
사기
Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. The Defendant, on October 2010, intends to lend money to the victim B (the 58-year-old) by telephone from the Buddhist land of the date on which October 2010, to the victim B (the 58-year-old).

“.....”

However, there was no intention or ability to repay the money.

The Defendant, as such, by deceiving the victim, received KRW 5 million in cash from the D Office located in Kimcheon-si C on the 20th day of the same month from the damaged party.

2. On March 22, 2011, the Defendant, at the above victim’s house located in Kimcheon-si, Kimcheon-si, 505 apartment 505, lent the money to the Defendant, “If his father was paid the government-funded construction, and his father was short of the construction capital, he would be paid the money in one month, such as the money loaned to him, in return for the payment of the construction capital.

“.....”

However, there was no intention or ability to repay the money.

As such, the Defendant, by deceiving the victim, was transferred 5 million won to the Agricultural Cooperative Account (H) designated by the Defendant on the 23th day of the same month from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Police investigation report (specific criminal background);

1. Application of the Acts and subordinate statutes on the receipt of cash custody, a copy of a detailed inquiry on the details of transactions, and a loan certificate;

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

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act include the fact that the defendant agreed with the victim, and that the defendant has no record of being punished or a fine exceeding the same kind of crime, etc. shall be considered as favorable circumstances to the defendant. In addition, all other circumstances constituting the conditions for sentencing, such as the defendant's age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime, shall be comprehensively considered.