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(영문) 대구지방법원 상주지원 2014.10.21 2014고단440
사기
Text

A defendant shall be punished by imprisonment for one year.

The defendant pays 10,000,000 won to the applicant for compensation by deceit.

(e).

Reasons

Punishment of the crime

On October 29, 2012, the Defendant made a false statement to the victim E at the victim E house located in D at the time of resident settlement, stating that “I will pay the house tax if I lend one million won to the victim as I will pay the house tax.”

However, the fact that the defendant was under circumstances where it is difficult to pay interest on bonds, and even if he borrowed money from the victim, he did not have any intention or ability to pay it.

The Defendant received KRW 1 million from the victim to the Agricultural Cooperative Account in the name of the Defendant for a loan from the victim, i.e., the Defendant received KRW 26 million from the victim from the date and time to May 23, 2014, and received KRW 99,80,000,000 from the victim 9 as indicated in the attached crime list.

Accordingly, the defendant was provided property by deceiving the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to E, F, G, H, C, I, and J;

1. Application of Acts and subordinate statutes to the first and second police statements made to K;

1. Relevant Articles of the Criminal Act and Article 347 (1) of the Criminal Act concerning the facts constituting an offense;

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

1. The reason for sentencing under Articles 25(1), 31(1), 31(2), and 31(3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings Concerning Compensation Orders and Declaration of Provisional Execution [the scope of recommending punishment] There is no basic area (6-100 million or less) (6 months to the extent of 100 million won) [the decision of sentencing] [the decision of sentencing] of the defendant did not recover damages suffered by the victims properly, and the defendant's age, character, character and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc. are considered and the sentence is ordered as ordered.

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