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(영문) 대구지방법원 2017.01.13 2016고단4582
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the actual operator of the performance planning company B.

The defendant around March 23, 2015, at the defendant's office located in Daegu-gu Dong-gu, Daegu-gu, that "a public performance planning company is operating, and a performance planning company is being repaid with money to the victim D that is urgently required.

In order to secure bonds, it is intended to transfer bonds to the sales price of twitk diskettes in order to secure bonds.

The phrase “ makes a false statement.”

However, in fact, the Defendant did not have any economic condition due to the amount of KRW 300-400 million for card delinquency, KRW 12 million for personal debts, and there was no other way to repay the amount in the event of failure to perform. The Defendant did not have any intent or ability to pay the amount borrowed from the victim due to the circumstance that the sales price of the personal pocketet would not be expected to be how much.

The Defendant: (a) by deceiving the victim as above, and had the victim transfer KRW 5 million to the E’s account around March 24, 2015; (b) and (c) had the victim transfer a total of KRW 29,929,000 over ten times from around that time to April 13, 2015, as shown in the list of crimes in attached Table 10.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made in D in a protocol concerning the examination of the police officers against the accused;

1. Statement made by the police against D;

1. Application of statutes, such as a copy of a certificate of cash storage, a certificate of seal imprint, a certificate of application for issuance of a resident registration certificate, transfer

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act / [the scope of recommended punishment] In general fraud, there is no basic area (6 months to one year and six months) [the person subject to special sentencing] [the sentence] [the defendant has a history of being punished twice as a crime of fraud]. In addition, the defendant committed the crime of this case.

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