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(영문) 대구지방법원 2017.02.09 2016고단4125
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On May 9, 2011, the Defendant would pay the face value to the victim of the D office operated by the victim C in Daegu-gu, Seo-gu, by the payment date if the Defendant lent the Promissory Notes amounting to KRW 350 million to the victim.

The phrase “ makes a false statement.”

However, at that time, the Defendant was a bad credit holder, and the Defendant did not have any particular property, and was paid in installments due to his/her failure to pay his/her obligations for bank bills in a normal manner, and was unable to cover living expenses due to blood pressure and urology, and even if a promissory note was borrowed from the injured party, there was no intent or ability to deposit the face value on the date of the payment.

In addition, the Defendant: (a) by deceiving the victim as above; (b) received a letter of promissory note, which was issued on September 27, 201, at par value 35 million won on the same day from the victim; and (c) received a letter of promissory note, which was issued on September 27, 201 on the date of payment, from around that time to September 16, 201, three copies of promissory note, which was KRW 35 million at face value, from the victim four times in total; and (d) received cash 20 million from the victim to the agricultural bank account in the name of E, the Defendant’s branch.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement with respect to C and F;

1. A copy of a promissory note or passbook;

1. Application of Acts and subordinate statutes on transaction details;

1. Article 347 (1) of the Criminal Act and the choice of punishment for the crime, Articles 347 (1) of the Criminal Act and the choice of imprisonment;

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. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [the scope of recommendation] General Fraud (at least KRW 100,000, less than KRW 500,000) for the mitigation area (from June 20 to February 6): An increase in the first step [the person subject to special mitigation] level of punishment [the decision subject to special mitigation] as a result of the combination of identical concurrent crimes, which is disadvantageous to the defendant.

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