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(영문) 대구지방법원 상주지원 2019.06.11 2018고단156
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The defendant is an insurance solicitor.

Around September 25, 2013, the Defendant received KRW 204,00,000 from the date to September 2016 to the date and time and acquired KRW 204,00,000 from the victim D as stated in the attached crime list (except in the attached Form No. 34, 36, 38) to the effect that the Defendant did not have any intent or ability to repay the borrowed money and there is no other person to pay high interest in Seoul without any other reason. However, the Defendant received KRW 10,00,000 from the date and time to the day of 2016 to the day of 204,00,000.

Summary of Evidence

1. Partial statement of the defendant;

1. Each protocol of examination of witness E, F and G;

1. Statement by the prosecution concerning D;

1. Each police statement made to D and H;

1. Submission of reference materials (The amount borrowed - the passbook wage details) [The victim E transfers a total of 8 million won to the bank account in 500,000 won as shown in [Attachment Table No. 17-32] as shown in [Attachment Table No. 17-32]. The victim G pays a total of 20 million won as shown in [Attachment Table No. 37], and it is recognized that this part of the crime is guilty. Thus, this part of the crime is committed].

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense. Article 347 (1) of the said Act shall be included in each victim;

1. Selection of each sentence of imprisonment;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Scope of the recommended punishment according to the sentencing guidelines [decision of types]. General Fraud [Type 2] 100 million won or more, and less than 500 million won (in accordance with the method of handling the same concurrent crimes (the sum of the amount of profit according to the method of handling the same concurrent crimes) - Where the amount of punishment is not imposed or significant damage has been recovered (where the area of recommendation and the scope of the recommended punishment is range] mitigated area, six months to two years (one-third reduction of the lowest limit of the scope of punishment due to the increase in the one-stage as a result of adding up the same concurrent crimes)

2. Determination of sentence: 154,00. The sum of the criminal defendant's mistake, victim E, F, and G3 fraud.

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